Dog walker not liable for injuries suffered by a jogger after being approached by a great dane.
Tag Archive: personal injury case law
Orchard v Lee – 13 year old child not liable for playtime accident
A lunchtime supervisor at a secondary school failed in her attempt to recover compensation for personal injuries caused by a Year 9 child playing tag*. The Court of Appeal case is Orchard v Lee. The facts of this case were stated by Waller LJ : At about 1.40 pm on 27th January ...
Smith v Northamptonshire County Council – Lords uphold work equipment ruling
House of Lords uphold Court of Appeal ruling in Smith v Northamptonshire County Council
PI Focus February edition
Link to an article considering the impact of Carver v BAA Plc
When can I reasonably refuse an offer to mediate?
This question is important because it is clear from cases such as Dunnett v Railtrack PLC that the courts are prepared to use their powers under the CPR to impose costs penalties to punish parties who refuse an offer of mediation. Therefore if you want to refuse an offer you need to do so with ...
When “win” means “lose” in Personal Injury Litigation : Part II
The Claimant has just beaten your part 36 offer at trial. So your client has to pay all the Claimant’s costs, right? Well as you probably know by now that’s no longer right according to Lord Justice Ward in Carver v BAA PLC (link - www.bailii.org/ew/cases/EWCA/Civ/2008/412.html) Picture the scene. You are an independent neutral who ...
When “win” means “lose” in personal injury litigation : Part I
Picture the scene. The trial has just finished. The learned judge accepted your erudite interpretation of the statutory duty and your expert assessment of the common law position. Your pre-trial assessment was flawless. So why are you not popping the champagne corks? You were sure that when your sharp opponent offered mediation pre-proceedings that it was ...
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