Insurance experience

Our insurance practice has acted in dozens of reported cases. If you would like information on any from the list below, please contact Neil McLaughlin at neil.mclaughlin@morgan-cole.com

Employers' liability - accident claims

  • King v Sussex Ambulance NHS Trust – Court of Appeal – Manual Handling Operations Regulations – claim against employer dismissed
  • Burke v Ashe Construction Ltd – Court of Appeal – Limitation Act in employers’ liability cases
  • Spratley v Universal Equipment Ltd – first instance – deliberate act of employee – claim against employer dismissed
  • Lovett v Arthur Andersen – Court of Appeal – employee’s duty to take care for her own safety

Employers' liability - disease

  • Knott v Newham Healthcare NHS Trust – Court of Appeal – repetitive lifting – Manual Handling Operations Regulations
  • Gallagher v Bond Pearce – first instance – stress at work

Public liability

  • Vowles v Evans – Court of Appeal – injury to rugby player – liability of referees

Road traffic

  • Wilson v First County Trust - House of Lords – implications of human rights legislation in credit hire issues
  • Lagden v O'Connor - House of Lords – credit hire – impecunious claimants
  • Burdis v Livsey – Court of Appeal – sham agreements in credit hire arrangements
  • King v Daltray - Court of Appeal – exempt agreements in credit hire issues

Damages

  • Hewison v Meridian Shipping – Court of Appeal – claimant precluded from pursuing loss of earnings because of failure to reveal medical condition to employer
  • Evans v Pontypridd Roofing Ltd – first instance – law of gratuitous care considered
  • S (a patient) v Taylor – first instance – damages of £3.25 million for severely injured claimant
  • S v National Leisure Catering Ltd – Court of Appeal – causation of injury
  • Morris v Richards – Court of Appeal – mitigation of loss when claimant had given up alternative employment after the accident
  • Sparks v HSBC Plc – Court of Appeal – cause of depressive illness – illness not related to the accident – claim for losses dismissed

Procedure

  • Clark v Ardington Electrical Services – Court of Appeal – disclosure