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Compensation for Physical Injuries
Various Personal Injury Claims
Inflated Personal Injury Claim
Sayed Hussein V William Hill Group (2004)
The claimant had grossly exaggerated and inflated his personal injury claim and was awarded nominal damages of £50.
Negligent Employer
Alan Gordon Coates V Jaguar Cars Ltd (2004)
The appellant had not acted negligently by failing to install a handrail on a set of steps and had not therefore been liable for an accident suffered by the respondent in the course of his employment.
Delayed Trial
Moshen Salamony V Balfour Beatty Construction Ltd (2004)
The judge had been correct to strike out the claimant's action where there had been a five-year delay in the commencement of the proceedings and the claim itself had been highly dubious. Appeal was dismissed.
Asbestos Exposure Claim
Anthony Eaton V James Latham Plc (2004)
The defendant breached its statutory duty to safeguard the deceased from exposure to asbestos during his employment at its wood mill and breached the common law duty to provide him with a safe place to work.
Fee Dispute
Benjamin Spencer V Gordon Wood (A Firm) (2004)
The conditional fee agreement arranged between the appellant and his legal representatives was unenforceable since it failed to comply with the provisions of reg.3(1)(b) Conditional Fee Agreements Regulations 2000
Cycling Accident Claim
John Burridge V Airwork Ltd (2004)
It could not be said that all cyclists who collided with a vehicle door that had been opened in their path had been guilty of contributory negligence since each case was dependant upon its own facts and the party that had alleged contributory negligence had to establish facts that showed the cyclist had been at fault. In the instant case the circumstances had not shown that the respondent had been at fault.
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Shop Accident Claim
Dorothy Edith May Harvey V Woolworths Plc (2004)
The claimant failed to prove that her fall took place in the defendant's store and in any event the defendant had done what was reasonable to see that a person using its premises was reasonably safe and was not in breach of duty.
Negligent Medical Care
Rachael Holsgrove (By Her Father And Litigation Friend Keith Holsgrove) V South West London Strategic Health Authority (2004)
A defendant health authority was found to be negligent in failing to advise the claimant's parents of the appropriate options, which included a caesarean section, for the claimant's birth in light of her family history.
Vibration White Finger Claim
(1) Kenneth John Brown (2) Lloyd Michael Grogan (3) Peter Godfrey V Corus (Uk) Ltd (2004)
By failing to reduce the level of vibration to which its employees were exposed the defendant employer had exposed them to an increased risk of suffering vibration white finger and were liable for their personal injury
Brain Damage Sustained During Birth
Jessica Johnson (By Her Mother & Litigation Friend Wendy Johnson) V Hillingdon Primary Care Trust (2004)
The claimant, a 13-year-old girl, received £4,300,000 for the severe brain damage sustained during her birth in April 1990. The claimant subsequently suffered from spastic quadriplegic cerebral palsy, learning difficulties and epilepsy. Her life expectancy was reduced and she was reliant on others for all her daily needs.
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