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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  









Negligence - From: 1998 To: 1998

This page lists 39 cases, and was prepared on 05 December 2014.


 
 Jolley -v- Sutton London Borough Council; QBD 1998 - [1998] 1 Lloyd's Rep 433

 
 Dingley -v- The Chief Constable, Strathclyde Police; 1998 - 1998 SC 548
 
Polat Marson -v- St Giles Hotel Limited [1998] EWCA Civ 26
15 Jan 1998
CA

Road Traffic, Negligence

[ Bailii ]
 
Darren Jason Hammond Tina Andrea Smith -v- Victor Gill Ronald Sydney Page [1998] EWCA Civ 29
16 Jan 1998
CA

Road Traffic, Personal Injury, Negligence

[ Bailii ]

 
 Carroll and Others -v- Fearon and Others and Related Actions; CA 26-Jan-1998 - Times, 26 January 1998
 
Ann Fleet -v- Wrexham Maelor Hospital NHS Trust [1998] EWCA Civ 256
17 Feb 1998
CA

Negligence, Personal Injury
The plaintiff appealed refusal of her claim for damages having slipped in the snow at work in the grounds of the hospital. Held: The appeal was dismissed. "It is an inescapable fact of life that in this country sudden snow falls will, from time to time, make walking hazardous. It is undoubtedly the duty of the hospital to have a snow clearance plan or policy to combat those dangers for persons walking in its grounds, so far as is reasonably practicable, but no amount of policy or planning will guarantee freedom from hazard after the sudden fall of a blanket of snow, especially if the snow is continuing to fall. "
[ Bailii ]
 
Highton -v- Norweb Plc [1998] EWCA Civ 375
2 Mar 1998
CA

Negligence, Contract

[ Bailii ]
 
Janet Gladys Bateman -v- David Goodman [1998] EWCA Civ 412
6 Mar 1998
CA

Road Traffic, Personal Injury, Negligence

[ Bailii ]
 
Ursula Riniker -v- J Glynn (Skips) Ltd [1998] EWCA Civ 462
13 Mar 1998
CA

Negligence

[ Bailii ]
 
Barry Rowe -v- Brian Whitehead and David William Jennings (T/a Djr Pallet Services) [1998] EWCA Civ 513
23 Mar 1998
CA

Negligence

[ Bailii ]
 
Christopher Simon Blantern -v- William Birch & Sons Limited Tucker and Tunstalls Limited [1998] EWCA Civ 575
31 Mar 1998
CA

Negligence, Personal Injury

[ Bailii ]
 
John Gary Britland -v- East Midland Motor Services Ltd [1998] EWCA Civ 590
1 Apr 1998
CA

Negligence, Road Traffic, Personal Injury

[ Bailii ]
 
Marvin John Pearson -v- Anthony Lightning Times, 30 April 1998; Gazette, 20 May 1998; [1998] EWCA Civ 591
1 Apr 1998
CA
Lord Justice Simon Brown, Lord Justice Otton, Sir Christopher Slade
Personal Injury, Negligence
The parties were golfers playing different holes at the same time. The shot of one hit the other in the eye. The shot was a recovery shot over where he should have known others would be playing. Where a golfer hit a shot which was difficult but carried a clear if small risk of injury to someone else on the course, then he was liable in negligence for a resulting injury. The outcome of any case concerning golf course injuries must depend on its particular facts.
1 Cites

[ Bailii ]
 
W 1-6 -v- Essex County Council and Another Times, 09 April 1998; Gazette, 20 May 1998; [1998] 3 WLR 534; [1998] EWCA Civ 614; [1998] 3 All ER 111
2 Apr 1998
CA

Negligence, Local Government, Employment
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.
Foster parents sued the council for breach of contract and for alleged negligence for breach of duty of care. Held: There was no contractual relationship between the foster parents and the local authority. "although the Specialist Foster Carer Agreement had a number of features which one would expect to find in a contract, such as the payment of an allowance and expenses, provisions as to National Insurance, termination and restriction on receiving a legacy or engaging in other gainful employment and other matters to which the judge referred... I do not accept that this makes the agreement a contract in the circumstances of this case. A contract is essentially an agreement that is freely entered into on terms that are freely negotiated. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their most important respects, there is no contract"
Race Relations Act 1976
1 Cites

1 Citers

[ Bailii ]

 
 Harris -v- Evans and Health and Safety Executive; CA 24-Apr-1998 - Times, 05 May 1998; [1998] EWCA Civ 709; [1998] 1 WLR 1285; [1998] 3 All ER 523

 
 Williams and Another -v- Natural Life Health Foods Ltd and Another; HL 30-Apr-1998 - Times, 01 May 1998; Gazette, 28 May 1998; [1998] UKHL 17; [1998] 1 WLR 830; [1998] BCC 428; (1998) 17 Tr LR 152; [1998] 1 BCLC 689; [1998] 2 All ER 577
 
Audrey Burslem -v- Mcphails Coaches [1998] EWCA Civ 801
8 May 1998
CA

Negligence

[ Bailii ]

 
 Bale -v- Merton, Sutton and Wandsworth Health Authority; CA 8-May-1998 - [1998] EWCA Civ 800

 
 Nobes, Chief Constable of West Yorkshire Police -v- Schofield; CA 14-May-1998 - Times, 15 May 1998; [1998] EWCA Civ 838

 
 Hussain and Another -v- Lancaster City Council; CA 14-May-1998 - Times, 27 May 1998; Gazette, 10 June 1998; [1998] EWCA Civ 834; [2000] QB 1; [1999] 4 All ER 125
 
Peter Cuthbert -v- Geeta Bannister [1998] EWCA Civ 848
18 May 1998
CA

Road Traffic, Negligence

[ Bailii ]

 
 Perrett -v- Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association); CA 22-May-1998 - Times, 23 June 1998; [1998] EWCA Civ 884; [1998] 2 Lloyd's LR 255

 
 Regina -v- London Borough of Sutton, ex parte Jolley; CA 19-Jun-1998 - Gazette, 15 July 1998; Times, 23 June 1998; [1998] EWCA Civ 1049; [1998] 1 WLR 1546
 
Culwick -v- Devon County Council [1998] EWCA Civ 1103
29 Jun 1998
CA

Personal Injury, Negligence

[ Bailii ]
 
Domicrest Ltd -v- Swiss Bank Corporation Times, 16 July 1998; [1999] QB 548; [1998] EWHC 2001 (QB)
7 Jul 1998
QBD

Jurisdiction, Negligence
An English claimant sued a Swiss bank for a negligent mis-statement made in a telephone call between England and Switzerland. The Swiss banker represented that the transmission of a copy payment order by the bank to the claimant was a guarantee that payment would be made for the amount referred. The claimant relied on the representations to release goods in Switzerland and Italy on receipt of the copy payment order from the bank rather than waiting until it had been paid. The bank refused to pay on three copy payments orders in respect of goods which had been released from store in Switzerland and Italy. Held: The place of the damage was in Switzerland and Italy, where the goods were released without payment, rather than England, where the Swiss purchaser would have paid the price. The reasons for that finding were (a) that it was by reference to the loss of the goods that the damages were pleaded; and (b) that the essence of the complaint was that the goods were released prior to payment. Where negligent misstatement is alleged, the law governing the action is that of the country where the statement was made. The tortious act occurs when the statement is made not when and where the statement is relied upon.
Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988
1 Citers

[ Bailii ]
 
Haddow -v- Tendring District Council and Richard C S Colley [1998] EWCA Civ 1183
9 Jul 1998
CA

Negligence

[ Bailii ]
 
Kenneth Swann and Susan Mary Swann -v- Mervyn Thomas Seal [1998] EWCA Civ 1217
15 Jul 1998
CA

Negligence

[ Bailii ]
 
Owners of the Ship Herceg Novi -v- Owners of the Ship Ming Galaxy Times, 30 July 1998; [1998] EWCA (Civ) 1223
16 Jul 1998
CA

Transport, Negligence, Jurisdiction
A claim for daages was made after ships collided, and one sank. Held: The judge had been wrong not to stay an action here where the proper jurisdiction was Singapore. That higher damages might be available under a different convention applying here did not mean that a party should be deprived of justice in Singapore. There is no one dominant international standard.
[ Bailii ]

 
 Ahmed -v- Chief Constable of West Midlands Police; CA 28-Jul-1998 - [1998] EWCA Civ 1305
 
Darby -v- Warwickshire Constabulary and Another [1998] EWCA Civ 1340
30 Jul 1998
CA
Beldam, Buxton LJJ
Police, Negligence

[ Bailii ]
 
Gates -v- Mckenna [1998] EWHC 2006 (QB); (1999) 46 BMLR 9; [1998] Lloyd's Rep Med 405
14 Aug 1998
QBD
Toulson J
Personal Injury, Negligence
The plaintiff suffered schizophrenia after taking part in an on-stage hypnosis performance by the defendant. Held. The claim failed: "it is highly improbable that the onset of the plaintiff's schizophrenia had anything to do with his participation in the hypnotism show in which he took part. The only conceivable way in which there could be a causative link would be by classifying the experience as a life event and postulating that the stress which it generated was responsible for triggering the disease."
Hypnotism Act 1952
1 Cites

[ Bailii ]
 
Griffiths -v- Brown; Griffiths -v- Lindsay Times, 23 October 1998
23 Oct 1998
QBD

Negligence
A taxi driver's duty extended to setting his passenger down by the kerb. His duty did not extend so as to make him responsible to a drunken passenger who failed then to cross the road safely.

 
Marion Clark -v- A Fiegel & Paul Stapley T/a Corporation Balloon Company; Paul Stapley; Payne Marsh and Stillwell (a Firm) and John Aspinal Qc [1998] EWCA Civ 1629
28 Oct 1998
CA

Negligence

[ Bailii ]

 
 Osman -v- The United Kingdom; ECHR 28-Oct-1998 - Times, 05 November 1998; 23452/94; 87/1997/871/1083; [1999] 1 FLR 193; [1998] ECHR 101; 5 BHRC 293; (2000) 29 EHRR 245; [1999] Fam Law 86; [1998] HRCD 966; [1999] Crim LR 82; (1999) 163 JPN 297; (1999) 11 Admin LR 200
 
Hossain -v- Thompson [1998] EWCA Civ 1719
6 Nov 1998
CA

Road Traffic, Negligence
Application for leave to appeal.
[ Bailii ]
 
O'Connell -v- Plymouth City Council (1) [1998] EWCA Civ 1723
6 Nov 1998
CA

Negligence

[ Bailii ]

 
 Watson -v- Gray and Another; QBD 26-Nov-1998 - Times, 26 November 1998

 
 Chief Constable of Northumbria -v- Costello; CA 3-Dec-1998 - Times, 15 December 1998; [1998] EWCA Civ 1898; [1998] EWCA Civ 3536; (1999) 11 Admin LR 81; [1999] ICR 752; [1999] 1 All ER 550
 
Kent -v- Dr Griffiths, Dr Roberts, London Ambulance Service Times, 23 December 1998; Gazette, 27 January 1999; [1998] EWCA Civ 1941
11 Dec 1998
CA

Negligence, Health Professions
Though there is no duty at large to help someone in need of urgent assistance, an ambulance service, by accepting a 999 call, may have accepted a duty to the caller. It remained open to argue as to whether it was fair just and reasonable to impose duty.
1 Cites

1 Citers

[ Bailii ]
 
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