A claimant who established that delays in treatment materially contributed to a brain injury suffered by him during a fall was awarded damages from the NHS trust for the whole of his injury and loss. The court examined the "material contribution" test of causation and explained why it was more appropriate in the circumstances than … Continue reading SIDO JOHN v CENTRAL MANCHESTER & MANCHESTER CHILDREN’S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST (2016)
Tag: Negligence
WORMALD (BY HIS MOTHER & LITIGATION FRIEND DAWN WORMALD) v AHMED (2016)
A judge had been entitled to find that a taxi driver was responsible for a collision with a pedestrian since he should have been monitoring the road ahead and, if he had done so, he would have seen the pedestrian in time to avoid the accident. A taxi driver appealed against a decision that he … Continue reading WORMALD (BY HIS MOTHER & LITIGATION FRIEND DAWN WORMALD) v AHMED (2016)
Whittington Hospital NHS Trust v XX [2020] UKSC 14
On the same day as the decisions in Barclays and Morrisons, the Supreme Court also held that a defendant hospital trust liable in damages for clinical negligence must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK. As a result of admitted negligence, the claimant developed avoidable cervical cancer. … Continue reading Whittington Hospital NHS Trust v XX [2020] UKSC 14
HAMISH MACDONALD v MYERSCOUGH COLLEGE (2016)
A college which provided training to students intending to become tree surgeons was liable in negligence, by reason of inadequate supervision, to a student who had fallen from a tree during a training exercise. However, the student should bear 65% of the responsibility for the accident, having inexplicably released a safety device which would have … Continue reading HAMISH MACDONALD v MYERSCOUGH COLLEGE (2016)
COMMODITIES RESEARCH UNIT INTERNATIONAL (HOLDINGS) LTD AND ORS v KING & WOOD MALLESONS LLP (FORMERLY KNOWN AS SJ BERWIN LLP) (2016)
A firm of solicitors advising a group of companies regarding the termination of the employment of a chief executive officer had not been asked to advise and had not breached its duty by not advising on the interpretation of an incentive plan clause. However, it had been in breach of its duty of care by … Continue reading COMMODITIES RESEARCH UNIT INTERNATIONAL (HOLDINGS) LTD AND ORS v KING & WOOD MALLESONS LLP (FORMERLY KNOWN AS SJ BERWIN LLP) (2016)
LSREF III WIGHT LTD v GATELEY LLP (2016)
The alleged transactional loss sustained by a lender that had advanced money to a company for a first legal charge over a property on the basis of negligent legal advice was calculated as at the trial date, not the transaction date, in circumstances where the loss had not been crystallised by realisation of the … Continue reading LSREF III WIGHT LTD v GATELEY LLP (2016)
CAROLE SLOPER v LLOYDS BANK PLC (2016)
In a claim against a bank by a former employee for damages for mesothelioma, the employee's recollection that branches where she had worked 30 to 40 years earlier had had asbestos suspended ceilings was not supported by the objective evidence of contemporaneous documentation. The claimant (S) claimed damages for mesothelioma, which she claimed to have … Continue reading CAROLE SLOPER v LLOYDS BANK PLC (2016)
HURRY NARAIN PURRUNSING v (1) A’COURT & CO (A FIRM) (2) HOUSE OWNERS CONVEYANCERS LTD (2016)
The claimant sought damages for breach of trust against the first defendant solicitors and the second defendant conveyancer. The claim arose out of the purported sale to the claimant of a property by a fraudster who claimed to be, but was not, the registered proprietor of the property. By the time the fraud was discovered, … Continue reading HURRY NARAIN PURRUNSING v (1) A’COURT & CO (A FIRM) (2) HOUSE OWNERS CONVEYANCERS LTD (2016)
SYLVIE AYA AGOUMAN v LEIGH DAY (A FIRM) (2016)
The claimant brought an action in professional negligence against the defendant solicitors for recovery of her share of a settlement sum in group litigation. The solicitors had acted for a group of claimants from the Ivory Coast in relation to the discharge of chemical waste from a tanker. The litigation was settled in September … Continue reading SYLVIE AYA AGOUMAN v LEIGH DAY (A FIRM) (2016)
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