piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Risk assessments in practice - Uren v MOD (Feb 2011)

Employers doubtless hope that their risk assessments will sit on their shelves gathering dust and will never need to be dug out (except, of course, to be updated) as part of a disclosure exercise. It is obvious that the purpose of the assessment is to encourage employers to think of risks to their employees and to get them to take steps to reduce those risks. But how far does an employer have to g... [More]

Large landmark settlement for former prison officer in complex claim against MoJ.

Heaven v Ministry of Justice    The Claimant, an ex-prison officer, brought proceedings against the MoJ for severe psychiatric injuries which he suffered during the course of his employment at HMP Grendon, a category B prison. The Claimant was stationed on a wing that housed inmates convicted of serious sexual offences. As part of their rehabilitation, inmates underwent “therapeu... [More]

A risky business

The Claimant/Appellant in Robert Uren v Corporate Leisure & The Ministry of Defence was meant to be participating in a day which promoted his health.  It was on said day that his accident occurred.  He broke his neck after jumping head first into a shallow pool during a team exercise.   In its decision handed down last week, the Court of Appeal affirmed that an employer&... [More]

Dealing with the discount rate review

A settlement award of £7.85 million (capitalised current value) was recently agreed in the case of TBE v Royal Berkshire NHS Trust.  The award comprises a lump sum payment of £3,660,700 plus annual payments index linked to ASHE 6115 of £140,000 to age 19 and £225,000 from age 19 for life.    The case involved a 10 year-old claimant, TBE (name abbrevia... [More]

RTA Insurer not liable for the 'same damage' as its insured

In Jubilee Motors Syndicate v Volvo Truck & Bus (Southern) Limited (2010) Jubilee, a road traffic insurer within the meaning of the Road Traffic Act 1988, had been ordered to pay damages following the settlement of a claim against its insured (Volvo) by an injured third party. Jubilee thereafter instigated contribution proceedings against its insured under the Civil Liabiliy (Contrib... [More]

B v Ministry of Defence [2010] EWCA Civ 1317

  Section 33 and causation: Personal injury claims issued three years after the date of knowledge are time barred pursuant to section 11 and 14 of the Limitation Act 1980. However, it is often assumed that where a fair trial can still go ahead, the Court will most likely dis-apply the three limitation period and exercise its discretion under section 33 of the same Act. The cogency of the ... [More]

No liability for stressful disciplinary process: Dermott v LB Harrow

In a judgment handed down on 21 January 2011, McKay J dismissed a claim for psychiatric injury suffered by the claimant during a protracted disciplinary process. The claimant alleged a large number of breaches of his employer’s duty to take reasonable care to protect his health and a breach of the implied term of trust and confidence. The judge applied the guidance in Eastwood v Magnox [2003... [More]

Part 36 and interest on future losses

A claimant beats his Part 36 offer and gets substantial damages for future losses. Under CPR 36.14(3)(a) he's entitled to "interest on the whole or part of any sum of money (exlcuding interest) awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date on which the relevant period expired" (emphasis added). Does any sum of money include future losse... [More]

Risk versus Social Benefit - Barnes v Scout Association

Barnes v Scout Association [2010] EWCA Civ 1476     Mark Barnes was a strapping 13 year old. He played rugby for his county. In Ward LJ’s words “he was the least likely boy to need wrapping in cotton wool”. But Mark was injured whilst playing a game called “Objects in the Dark” with his local Scout troop. This was rather like musical chairs. In... [More]

(Attempted) Murder on the Dancefloor

Everett & Another v Comojo UK Ltd t/a the Metropolitan & Others: Liability of nightclub for assault   Judgment was handed down in the Court of Appeal on 18 January 2011 in the above case.  The case concerned an assault in a upmarket private members nightclub.  A waitress working in the club was allegedly assaulted by two patrons.  Another patron, and regul... [More]