Latest Cases

Personal Injury: Quantum Case. Road traffic accident. PSLA of £2,650, with total damages of £3,294. The claimant suffered severe neck pain, moderate upper back pain and severe persistent headaches as a result of his car being hit from the rear by another vehicle. Treatment lasted until four months after the accident. 

Personal Injury – Liability – Contributory negligence. Sheriff Court: In an action in which the pursuer sought damages in respect of injuries she sustained following a collision between the bicycle she was riding and the defender's dog, the court held that the primary cause of the collision was the defender's fault in failing to take appropriate steps to control his dog on a public road and thereby allowing it to run into the path of the pursuer's bicycle, however the pursuer, having failed to moderate her speed or to be aware of the potential presence of hazards around a blind bend, or to have given any warning of her impending approach, contributed to the loss, injury and damage she sustained as the direct result of the collision: liability would be apportioned as 70% to the defender and 30% to the pursuer. 

National health service – Pharmaceutical services. The Administrative Court allowed the claimant company's application for judicial review of the defendant NHS's decision to grant the first interested party the right to open a pharmacy, although the claimant had already been given such grant and there was only one suitable premises in the village. The NHS had erred in law by having disregarded the relevant consideration that only one building was available within the best estimate of location given by both grant applicants. 

Police – Complaint against police. The Court of Appeal, Civil Division, dismissed the appellant's appeal against the judge's decision, dismissing his claim against the defendant Metropolitan Police Commissioner in its entirety. On the facts, the judge had not erred in dismissing the appellant's allegations of assault, and breaches of arts 3 and 8 of the European Convention on Human Rights, as the police officers' conduct had been necessary. 

Negligence – Information or advice. The Commercial Court dismissed the claimants' claim that the defendant advisory company had been negligent in its report on commercial due diligence in the purchase of a company by the claimants. The analysis provided by the defendant had been entirely reasonable and complete on the basis of the information provided to it. It had not acted in breach of duty or negligently in any respect. 

Personal Injury: Quantum Case. Sexual abuse. PSLA of £65,000.00 with total damages of £184,580. The claimant was sexually abused on a regular basis by the defendant between 2000, when she was eight years of age, and 2006. 

Negligence – Personal injury. The Court of Appeal (Civil Division) dismissed the claimant's appeal in a personal injury action against the judge's finding that the claimant had not been found by him to be a credible witness and that on the balance of probabilities the claimant had not satisfied him of the account as he had changed significant details. The court held that the judge had been entitled to so find. 

Immigration – Deportation. The Court of Appeal, Civil Division, allowed the Secretary of State's appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber) (the UT) to dismiss her appeal against the First-tier Tribunal's decision to allow the respondent Jamaican national's appeal against deportation, and remitted the matter to the UT. Underlying the appeal was an important policy question as to the public interest in the deportation of foreign criminals, applied in the context of an individual who, although guilty of serious criminal conduct, had lawfully resided in the United Kingdom for over 40 years. 

Claim form – Service. The proceedings related to liability insurance policies issued by the claimant company. The Commercial Court considered the claimant's application for an anti-suit injunction to preclude the defendant from pursuing claims under global policies in Australia. The dispute concerned global liability policies issued in England and a 'broadform' liability policy issued in Australia. The court held that, following settled principle, proceedings would be on foot in the courts of both Australia and England. The English proceedings would be stayed to allow the Australia issues to be resolved first. 

Warrant – Search warrant. The Divisional Court held that the common law right to information after the issue of a search warrant did not require sufficient information to be provided to the subject of the warrant to assess its legality against the statutory conditions. That applied to a warrant issued under s 8 of the Police and Criminal Evidence Act 1984 and on an application to retain material under s 59 of the Criminal Justice and Police Act 2001.