Personal Injury - 1997

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This page lists 143 cases, and was prepared on 28 October 2012.

Beasley -v- Buckinghamshire County Council [1997] PIQR P473
1997	Personal Injury

McCarvel -v- Strathclyde Fire Board 1997 SLT 1015
1997 OHCS	Scotland, Personal Injury	Casemap 1 Citers
	Tne pursuer sought damages for personal injuries. His previously asymptomatic pre-existing condition would have become symptomatic by the date of the proof. The valuation of £5,000 proceeded on the basis that the pursuer's symptoms and disabilities up to the date of the proof were attributable to the accident, but that for the future they were not so attributable.

Hilary Sharpe -v- Anne Gray [1997] EWCA Civ 808
20 Jan 1997 CA	Personal Injury, Road Traffic
	Link[s] omitted

A's Curator Bonis -v- Criminal Injuries Compensation Board
24 Jan 1997 OHCS	Personal Injury
	A birth from an incestuous relationship is not a personal injury giving rise to action.

Houghton -v- British Coal Corporation [1997] EWCA Civ 863
28 Jan 1997 CA	Personal Injury
	A payment into court was made which expressed itself to be 'after the deduction of a sum which would reflect the amount of benefits the plaintiff would have to account for himself'. Such a deduction was proper.
	Rules of the Supreme Court Order 22 1 Form 23
	Link[s] omitted

Narmanie Breeze -v- Louis Daly [1997] EWCA Civ 860
28 Jan 1997 CA	Personal Injury, Negligence, Road Traffic
	Link[s] omitted

Philip Michael Lobley -v- West Yorkshire Road Car Co Ltd [1997] EWCA Civ 874
29 Jan 1997 CA	Personal Injury
	Link[s] omitted

David Ord -v- Messrs T E C and B a Chiverton (Trading As Portland Street Motors (a Firm)) [1997] EWCA Civ 881
30 Jan 1997 CA	Personal Injury
	[ Bailii ]

Anthony Hamilton -v- Sedgefield District Council [1997] EWCA Civ 896
31 Jan 1997 CA Henry, Ward LJJ	Personal Injury, Health and Safety
	The claimant suffered injury when unloading a lorry.
	Link[s] omitted

Anthony Traynor -v- English Welsh and Scottish Railways Board [1997] EWCA Civ 908
2 Feb 1997 CA	Personal Injury, Damages
	Link[s] omitted

Matthew George Buckley (By her Next Friend David Buckley) -v- Stuart Farrow and Beverley Buckley [1997] EWCA Civ 918
4 Feb 1997 CA	Personal Injury, Road Traffic
	Link[s] omitted

Garrett -v- London Borough of Camden [1997] EWCA Civ 941
5 Feb 1997 CA	Employment, Personal Injury, Costs	Casemap
	Link[s] omitted

Mcfarlane -v- Wilkinson and Guggenheim; Hegarty -v- E E Caledonia Limited [1997] EWCA Civ 934
5 Feb 1997 CA	Professional Negligence, Personal Injury
	The exclusion of weak but merely arguable heads from pleadings was not negligent.
	[ Bailii ]

Frank Angus Hall -v- T Clarke Plc [1997] EWCA Civ 944
6 Feb 1997 CA	Personal Injury, Damages
	Link[s] omitted

Elizabeth Ann Jameson and Alan William Wyatt (Executors of the Estate of David Allen Jameson) -v- Central Electricity Generating Board and Babcock Energy Limited [1997] EWCA Civ 1008
13 Feb 1997 CA	Personal Injury, Wills and Probate, Litigation Practice	Casemap 1 Cites
	Executors may sue for a dependency claim despite a full and final settlement having been made by the deceased.
	Link[s] omitted

Dilwyn Edmunds -v- Rhymney Valley District Council [1997] EWCA Civ 1019
14 Feb 1997 CA	Personal Injury, Negligence
	Link[s] omitted

Bralsford -v- Conoco Ltd [1997] EWCA Civ 1017
14 Feb 1997 CA	Personal Injury, Negligence	Casemap 1 Cites
	The employers appealed against a finding of negligence causing the plaintiff personal injury. The plaintiff lorry driver for the defendants, had his boot lace caught as he was on top of the tanker. He fell, but was left suspended.
	[ Bailii ]

Robert John Boulton -v- Adaptaflex Limited [1997] EWCA Civ 1033
17 Feb 1997 CA	Health and Safety, Personal Injury
	[ Bailii ]

Patricia Ann Bohitige -v- Barnet Healthcare National Health Service Trust [1997] EWCA Civ 1039
18 Feb 1997 CA	Personal Injury, Health and Safety
	Link[s] omitted

Mohammed Asif Sadiq -v- London Buses Limited [1997] EWCA Civ 1056
20 Feb 1997 CA	Personal Injury, Litigation Practice
	Link[s] omitted

Ellen Pauline Rance -v- Essex County Council [1997] EWCA Civ 1064
21 Feb 1997 CA	Personal Injury
	Appeal against refusal of claim against highway authority.
	Link[s] omitted

Michael Anthony Bastard McNamara -v- North Tyneside Metropolitan Borough Council [1997] EWCA Civ 1072
21 Feb 1997 CA	Personal Injury, Torts - Other	Casemap 1 Cites
	The claimant sought damages for personal injuries. The case he presented at trial differed from that pleaded, and he now appealed dismissal of his claim. Held: The variation was sufficiently serious to justify the refusal of relief. In fact the claim should be under Occupier's Liability where the common law duty of care had been superceded. The claim would have failed if properly presented.
	Link[s] omitted

Welsh -v- Coppinger & Kelly (T/a M and P Minibus Hire) [1997] EWCA Civ 1082
25 Feb 1997 CA	Personal Injury
	[ Bailii ]

William Hill -v- Tracey Ellen Lowe [1997] EWCA Civ 1102
26 Feb 1997 CA	Personal Injury
	Link[s] omitted

Fellowes or Herd -v- Clyde Helicopters Ltd [1997] 1 All ER 775; [1997] UKHL 6; [1997] AC 534
27 Feb 1997 HL Lord MacKay, Lord Chancellor Lord Nicholls of Birkenhead Lord Hoffmann, Lord Hope of Craighead Lord Clyde	Transport, Police, Damages, Personal Injury	Casemap 1 Citers
	A Police officer being carried in a force helicopter, and operating within his own force's area was not on a matter of international carriage, and was not subject to the restrictions on recovery of damages. The helicopter had crashed into a building and he lost his life. Lord Hope considered the Convention noting the width of article 1(1) which applies "to all international carriage of persons, baggage or cargo performed by aircraft for reward", and said: "But the starting point is the generality of effect indicated by the use of the word "all". The nationality or place of business of the carrier is irrelevant, as all carriers who undertake international carriage, as defined in article 1(2), of passengers, baggage or cargo by the aircraft are bound by the Convention. There is nothing in the Convention to indicate that the purpose for which the passenger, baggage or cargo was on the aircraft has any bearing on the question whether the Convention applies. In my opinion the Convention agreed at Warsaw, as amended at the Hague, was intended to be, and is, capable of accommodating changes in the practice of airlines and aircraft operators with regard to the purposes for which aircraft are used to carry people and goods, and in the contractual arrangements in pursuance of which people and goods are carried by air for reward."
	Carriage by Air (Application of Provisions) Order 1967 (1967 No 480)
	Link[s] omitted

Graham James Rooney -v- Preston Acute Services NHS Trust [1997] EWCA Civ 1108
27 Feb 1997 CA	Personal Injury, Litigation Practice
	[ Bailii ]

Trevor King -v- Merthyr Tydfil County Council [1997] EWCA Civ 1121
27 Feb 1997 CA	Personal Injury
	Highway maintenance - personal injury.
	Link[s] omitted

Boldark (Suing By the Official Solicitor) -v- East Lindsey District Council [1997] EWCA Civ 1147
4 Mar 1997 CA	Personal Injury, Land
	defective Premises Act 1972
	Link[s] omitted

Davies -v- Neath Borough Council [1997] EWCA Civ 1149
4 Mar 1997 CA	Personal Injury
	Link[s] omitted

Sylvia Edwards -v- Newham Health Authority [1997] EWCA Civ 1156
4 Mar 1997 CA	Professional Negligence, Personal Injury
	Link[s] omitted

John Morgan Phillips -v- W Perry and Dalgety Agriculture Limited [1997] EWCA Civ 1176
6 Mar 1997 CA	Personal Injury
	Link[s] omitted

Janice Smith (on Behalf of the Estate of Grahame Corcoran Deceased) -v- Janet Berry [1997] EWCA Civ 1175
6 Mar 1997 CA	Personal Injury, Litigation Practice	Casemap 1 Cites 1 Citers
	Application for leave to appeal against refusal to extend time to serve writ. Granted.
	Link[s] omitted

Byrne -v- Nottinghamshire Health Authority, Nottinghamshire County Council [1997] EWCA Civ 1198
7 Mar 1997 CA	Personal Injury
	Injury to firefighter at scene of car crash.
	Link[s] omitted

O'Neill -v- O'Brien and Motor Insurers' Bureau [1997] EWCA Civ 1206
10 Mar 1997 CA	Personal Injury, Road Traffic
	Link[s] omitted

Cambridge -v- Callaghan and Motor Insurers' Bureau [1997] EWCA Civ 1212
11 Mar 1997 CA	Road Traffic, Personal Injury, Insurance
	[ Bailii ]

Longden -v- British Coal Corporation [1997] UKHL 52; [1997] 3 WLR 1336; [1998] AC 653; [1998] 1 All ER 289
13 Mar 1997 HL Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead, Lord Clyde	Personal Injury, Damages, Benefits	1 Cites 1 Citers
	The plaintiff was injured whilst at work in one of the defendant's collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit. Held: The issue of deductibility where the claim is for loss of pension cannot be properly answered without a clear understanding of the nature of the loss claimed. Periodical payments which had been received on early retirement from a contributory pension scheme, were not to be deducted from damages later payable by an employer, but a part of a lump sum paid on early retirement may be deductible. Prima facie, the only recoverable loss is the net loss.
	Civil Evidence Act 1995 10
	Link[s] omitted

Spargo -v- North Essex District Health Authority (1997) 37 BMLR 99; [1997] EWCA Civ 1232; [1997] 8 Med LR 125; [1997] PIQR 235
13 Mar 1997 CA Brooke, Nourse, Waller LJJ	Professional Negligence, Limitation, Personal Injury	Casemap 1 Cites 1 Citers
	The test of 'When a plaintiff became aware of the cause of an injury" is a subjective test of what passed through plaintiff's mind. "(1) the knowledge required to satisfy s14(1)(b) is a broad knowledge of the essence of the causally relevant act or omission to which the injury is attributable; (2) 'attributable' in this context means 'capable of being attributed to', in the sense of being a real possibility; (3) a plaintiff has the requisite knowledge when she knows enough to make it reasonable for her to begin to investigate whether or not she has a case against the defendant. Another way of putting this is to say that she will have such knowledge if she so firmly believes that her condition is capable of being attributed to an act or omission which she can identify (in broad terms) that she goes to a solicitor to seek advice about making a claim for compensation; (4) on the other hand, she will not have the requisite knowledge if she thinks she knows the acts or omissions she should investigate but in fact is barking up the wrong tree; or if her knowledge of what the defendant did or did not do is so vague or general that she cannot fairly be expected to know what she should investigate; or if her state of mind is such that she thinks her condition is capable of being attributed to the act or omission alleged to constitute negligence, but she is not sure about this, and would need to check with an expert before she could be properly said to know that it was." This branch of the law is grossly overloaded with reported cases. The court set out four principles for testing such actions, distinguishing the more stringent test of proof of causation from the much less rigorous statutory test of attributability" and “After all, the policy of Parliament, in these cases which would otherwise be statute-barred, is to give a plaintiff who has the requisite low level of knowledge three years in which to establish by inquiry whether the identified injury was indeed probably caused by the identified omission and whether the omission (identified initially in broad terms) amounted to actionable negligence. The judge’s approach would be to stop the three years from even starting to run until a much more advanced stage of the investigation had been completed.”
	Limitation Act 1980 14(1)(b)
	[ Bailii ]

Pauline Hillier -v- London Borough of Hammersmith and Fulham British Telecom Plc Mcnicholas Engineering Ltd [1997] EWCA Civ 1255
14 Mar 1997 CA	Personal Injury
	Link[s] omitted

Hampshire County Council -v- Jones [1997] EWCA Civ 1286
20 Mar 1997 CA	Personal Injury, Health and Safety
	Link[s] omitted

Cambridge -v- Callaghan and Another
21 Mar 1997 CA	Personal Injury, Litigation Practice
	The Motor Insurers Bureau must be served with evidence of proceedings having been issued before it would become liable under the scheme.

Mansfield and Another -v- Weetabix Limited and Another [1997] EWCA Civ 1352; [1998] 1 WLR 1263
26 Mar 1997 CA Lord Justice Leggatt Lord Justice Aldous Sir Patrick Russell	Personal Injury, Negligence, Road Traffic	1 Cites
	A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs' shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting in a hypoglycaemic state in which the brain was starved of glucose and so was unable to function properly. That caused the accident. Held: There is no reason in principle why a driver should not escape liability where the disabling event is not sudden, but gradual, provided that the driver is unaware of it.
	Link[s] omitted

Sonia Silverton -v- Vincent Goodall and Motor Insurance Bureau [1997] EWCA Civ 1363; [1997] PIQR 451
26 Mar 1997 CA Sir Ralph Gibson	Road Traffic, Insurance, Personal Injury	Casemap 1 Citers
	Sir Ralph Gibson explained the historical development of the Motor Insurers Bureau describing it as "a novel piece of extra statutory machinery".
	Link[s] omitted

Osborne -v- Oetegenn [1997] EWCA Civ 1375
10 Apr 1997 CA	Personal Injury, Damages
	Link[s] omitted

Regina -v- Criminal Injuries Compensation Board ex parte Piercy [1997] EWHC Admin 359
14 Apr 1997 Admn	Personal Injury
	[ Bailii ]

Joakim; Joakim -v-; Commissioner of Police for Metropolis and North Middlesex Hospital Trust [1997] EWCA Civ 1386
14 Apr 1997 CA	Police, Negligence, Personal Injury	Casemap 1 Cites
	[ Bailii ]

Chaudhari -v- British Airways Plc [1997] EWCA Civ 1413; CCRTI 96/0229/G
16 Apr 1997 CA Leggatt LJ	Personal Injury, Transport	Casemap 1 Cites 1 Citers
	The passenger injured himself as he fell from an aeroplane chair because of pre-existing injury. Held: He had no claim under the Convention. The falling of a semi-paralysed person whilst he was trying to get to his feet to go to the lavatory did not constitute an accident. It had not been an 'accident causing injury' within the Convention. Leggatt LJ said: ""accident" is not to be construed as including any injuries caused by the passenger's particular, personal and peculiar reaction to the normal operation of the aircraft" and "what befell Mr Chaudhari was not caused by any unexpected or unusual event external to him but, but by his own personal, particular and peculiar reaction to the normal operation of the aircraft. As the judge said, he fell as the result of his pre-existing medical condition".
	Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929 Art 17
	Link[s] omitted

Peter David Bolsom and Terry George Laws -v- Kevin Moody [1997] EWCA Civ 1465
21 Apr 1997 CA	Personal Injury, Road Traffic
	[ Bailii ]

Mary Rushforth -v- J Lyons and Company Limited [1997] EWCA Civ 1494
23 Apr 1997 CA	Personal Injury
	Link[s] omitted

Young -v- Charles Church (Southern) Ltd [1997] EWCA Civ 1523
24 Apr 1997 CA	Personal Injury	Casemap 1 Citers
	Presence within the range of foreseeable physical injury is a necessary attribute of a primary victim.
	Link[s] omitted

Regina -v- Criminal Injuries Compensation Board ex parte Mattison [1997] EWCA Civ 1517
24 Apr 1997 CA	Personal Injury
	Link[s] omitted

Regina -v- Criminal Injuries Compensation Board ex parte Crowley [1997] EWHC Admin 418
28 Apr 1997 Admn	Personal Injury
	Link[s] omitted

Dennis Southall -v- Swansea Yacht Haven Limited [1997] EWCA Civ 1564
30 Apr 1997 CA	Personal Injury, Litigation Practice
	Application for reinstatement of action after automatic strike out for delay.
	Link[s] omitted

Gilbert -v-Danesh [1997] EWCA Civ 1573
30 Apr 1997 CA	Personal Injury, County Court Rules
	Whether case should have been struck out automatically.
	[ Bailii ]

Street -v- Derbyshire County Council [1997] EWCA Civ 1599
1 May 1997 CA	County Court Rules, Personal Injury
	Time limits - service of proceedings.
	Link[s] omitted

George Platt (Administrator of the Estate of David Platt, a Deceased Minor) and Dean Kenton (a Minor Suing By her Mother and Next Best Friend Phyllis Kenton) -v- Liverpool City Council [1997] EWCA Civ 1588
1 May 1997 CA	Personal Injury, Damages
	Law Reform (Miscellaneous Provisions) Act 1934 - Fatal Accidents Act 1976
	Link[s] omitted

Isaiah Okegbero Ogbogbo (Widower and Personal Representative of Agnes Victoria Ogbogbo (Deceased)) -v- Ahmet Ziya Ibraham Motor Insurers'Bureau [1997] EWCA Civ 1592
1 May 1997 CA	Personal Injury, Limitation
	Application for leave to appeal.
	Link[s] omitted

Malcolm Gregson Walker -v- Dan Air Services Limited [1997] EWCA Civ 1596
1 May 1997 CA	Personal Injury, Litigation Practice
	Link[s] omitted

Bdeer -v- Commissioner of Police of Metropolis [1997] EWCA Civ 1620
2 May 1997 CA Justice Hobhouse	Police, Personal Injury
	The plaintiff had claimed for personal injuries, alleging that police officers had slammed a door shut on his fingers. He sought leave to appeal out of time against a dismissal of his claim. Held: He had brought nothing new to the judge which would allow an appeal, and similarly nothing new to this court. Leave refused.
	Link[s] omitted

Sylvia Bourne -v- British Telecommunications Plc [1997] EWCA Civ 1634
7 May 1997 CA	Personal Injury, Negligence
	Link[s] omitted

Ion Curtis Roach -v- Oxfordshire Health Authority [1997] EWCA Civ 1660
9 May 1997 CA	Personal Injury, Limitation
	Link[s] omitted

Morris -v- Breaveglen Limited (T/a Anzac Construction Company) and Sleeman Limited Third Party [1997] EWCA Civ 1662
9 May 1997 CA	Personal Injury, Health and Safety
	Link[s] omitted

William Neilson -v- Graham Green Demolition Limited [1997] EWCA Civ 1714
15 May 1997 CA	Personal Injury
	Link[s] omitted

Ann Fleet -v- Wrexham Maelor Hospital NHS Trust [1997] EWCA Civ 1719
16 May 1997 CA	Negligence, Personal Injury
	Link[s] omitted

Tindale -v- J Barbour and Sons Ltd [1997] EWCA Civ 1733
16 May 1997 CA	Personal Injury
	Link[s] omitted

Jashuir Singh Khela -v- Bhajan Singh Pone and Norwest Holst Limited [1997] EWCA Civ 1742
21 May 1997 CA	Personal Injury, Litigation Practice	Casemap 1 Cites
	The claimant sught to re-instate his personal injury action. It had been struck out under the automatic directions. Held: The claimant had not satsified the requirement to provide a sufficient reason to make his delay excusable.
	Link[s] omitted

Ryan Peter Edmondson -v- Scottish and Newcastle Breweries Plc and M P Black and R Bailey [1997] EWCA Civ 1760
22 May 1997 CA	Litigation Practice, Personal Injury
	Link[s] omitted

Regina -v- Criminal Injuries Compensation Board ex parte SD [1997] EWHC Admin 513
4 Jun 1997 Admn	Personal Injury
	Link[s] omitted

Peter Joel -v- A and S Motors [1997] EWCA Civ 1837
11 Jun 1997 CA	Personal Injury
	Link[s] omitted

Gibbins -v- Galliford & Sons Limited; Solihull Metropolitan Borough Council and Iderend Holdings (Formerly Rediguard Limited) [1997] EWCA Civ 1835
11 Jun 1997 CA	Personal Injury, Negligence
	Link[s] omitted

Holloway -v- Worcester City Council [1997] EWCA Civ 1867
13 Jun 1997 CA	Personal Injury
	Link[s] omitted

Anna Maria Yiannacou -v- Kilwinder Singh Rehal [1997] EWCA Civ 1915
20 Jun 1997 CA	Personal Injury
	Link[s] omitted

William Ratcliffe -v- Keith Nigel Barnes [1997] EWCA Civ 1930
20 Jun 1997 CA	Road Traffic, Personal Injury
	Link[s] omitted

Andrew David Windatt -v- Rutterford and Another [1997] EWCA Civ 1933
23 Jun 1997 CA	Personal Injury
	Link[s] omitted

Kathleen Malpass -v- Surrey County Court [1997] EWCA Civ 1962
25 Jun 1997 CA	Personal Injury
	Link[s] omitted

Richard Mark Abada -v- James Gray and Motor Insurers Bureau [1997] EWCA Civ 1968
25 Jun 1997 CA	Personal Injury, Damages
	Link[s] omitted

Christopher William George Welham -v- Holding & Barnes Limited (Trading Under the Name of Phillips Insurance) and Controlled Climate Mechanical Services Limited [1997] EWCA Civ 1956
25 Jun 1997 CA	Personal Injury, Torts - Other
	Occupiers Liability Act 1957 2(4)(b)
	Link[s] omitted

Richard Mark Abada -v- James Gray and Motor Insurers Bureau [1997] EWCA Civ 1969
25 Jun 1997 CA	Personal Injury
	Link[s] omitted

Browning -v- Hemmings, London Borough of Haringey [1997] EWCA Civ 1972
26 Jun 1997 CA	Personal Injury
	Link[s] omitted

Cross -v- Kirklees Metropolitan Borough Council [1997] EWCA Civ 1986; [1998] 1 All ER 564
27 Jun 1997 CA Lord Justice Evans	Personal Injury, Local Government	Casemap 1 Cites 1 Citers
	The Council's duty to maintain a highway is not absolute. It must take reasonable steps to prevent or clear ice forming on pathway. Lord Justice Evans analysed the application of Section 41 to a situation which arose from ice and snow. In any case of this kind there is an obligation on the plaintiff to establish that there has been, as a result of the defect of which he or she complains, a foreseeable risk of injury. He said: "I note that first the council's duty under s 41 is simply to ´maintain the highway'. There is no express reference to safety or to the absence of danger. But the cause of action which arises when the duty is broken requires proof of injury caused by the failure to maintain, and the risk of injury must have been foreseeable by the council (per Diplock LJ in Burnside's case and Lord Denning MR in Heydon's case ). So for the purposes of civil liability the duty is to maintain the highway so as to exclude the foreseeable risk of injury resulting from its use." He later said: "The duty to maintain includes taking preventative or clearance measures which are sufficient to keep the surface reasonably safe . This means (a) what measures are sufficient will depend in part on what use of the highway can be anticipated, and by whom; and (b) that if no or insufficient measures are taken within a reasonable time, and injury is caused thereby, then the plaintiff may establish at least a prima facie breach of duty under s 41. The authority can then rely, if it chooses to do so, on the statutory defence under s 58."
	Highways Act 1980 41
	Link[s] omitted

Marshall -v- Gradon Construction Services Ltd [1997] EWCA Civ 1989
27 Jun 1997 CA	Personal Injury, Health and Safety
	Link[s] omitted

Harmer -v- Mackenzie Glass (Exeter) Limited [1997] EWCA Civ 1990
27 Jun 1997 CA	Personal Injury, Costs
	Link[s] omitted

Frank Penney -v- British Steel Plc [1997] EWCA Civ 1999
1 Jul 1997 CA	Personal Injury
	Link[s] omitted

Regina -v- Criminal Injuries Compensation Board ex parte Sylvester Mulholland [1997] EWHC Admin 625
3 Jul 1997 Admn	Personal Injury
	Link[s] omitted

Robert Oxley -v- BCH Limited [1997] EWCA Civ 2083
10 Jul 1997 CA Waite LJ, Swinton Thomas LJ	Personal Injury
	Link[s] omitted

Rebecca Claire Willbye (By Her Mother and Next Friend Susan Hilary Willbye) -v- Brian Gibbons [1997] EWCA Civ 2123
16 Jul 1997 CA	Personal Injury	Casemap 1 Cites 1 Citers
	Link[s] omitted

Peter Laycock -v- Kenneth Charles Lagoe [1997] EWCA Civ 2144
18 Jul 1997 CA	Personal Injury, Litigation Practice
	The claimant appealed an order staying his personal injury claim until he underwent an examination for the defendant using MRI.
	Link[s] omitted

John Albert Neal -v- Gregory Charles Bingle [1997] EWCA Civ 2157
22 Jul 1997 CA	Personal Injury
	Link[s] omitted

John Albert Neal -v- Gregory Charles Bingle [1997] EWCA Civ 2158
22 Jul 1997 CA	Personal Injury
	[ Bailii ]

Decesare -v- Fairwater Catering Equipment Ltd [1997] EWCA Civ 2181
24 Jul 1997 CA	Personal Injury, Professional Negligence
	Link[s] omitted

Oliver -v- Cox (T/a Focus Service Station) [1997] EWCA Civ 2184
24 Jul 1997 CA	Personal Injury, Damages	Casemap 1 Cites
	The claimant sought leave to appeal against the refusal of an award of special damages. The claim had mounted spectacularly, but he had failed to provide evidence as directed to support the claim. Held: Even at the time of the application, the claimant had still not complied with the order, but denied it: "the Judge was perfectly entitled to regard the breach of the unless order as of sufficient seriousness to warrant the imposition of the sanction of dismissal. He did not proceed immediately to take that view. He correctly looked at the further attempt made to cure the defect, but he was satisfied it was insufficient. He gave the plaintiff every opportunity to seek the further indulgence of the court by seeking an extension of time, but, as he pointed out, there was no summons issued by the plaintiffs in which they sought such an extension of time. There was no affidavit to explain their failures, even though they were clearly capable of filing affidavits."
	Link[s] omitted

Neal -v- Bingle
24 Jul 1997 CA	Personal Injury
	Where damages reduced by benefits clawback, special damages claim for lost non-recoupable benefits payable are recoverable.
	Social Security Administration Act 1992 82

Thompson (By Her Father and Next Friend, Thompson) -v- Dr J W Blake-James [1997] EWCA Civ 2225
29 Jul 1997 CA	Professional Negligence, Personal Injury
	Alleged failure to advise properly of risk of injury from measles innoculation.
	Link[s] omitted

Regina -v- Chung Tak Lam Mary Lam Patricia Lam Christopher John Lam and Peter Brennan (T/a 'Namesakes of Torbay') and Borough of Torbay [1997] EWCA Civ 2247; [1997] PIQR P488
30 Jul 1997 CA Potter, Brooke LJJ	Nuisance, Personal Injury, Planning, Local Government	Casemap 1 Cites 1 Citers
	The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private right of action for a breach of statutory duty. The claim failed.
	Town and Country Planning Act 1990 29 - Environmental Protection Act 1990 Part III - Public Health Act 1936 91
	[ Bailii ]

Regina -v- Basingstoke County Court ex parte De Souza [1997] EWCA Civ 2302
19 Aug 1997 CA	Personal Injury
	Link[s] omitted

Slater -v- Cleveland County Council [1997] EWCA Civ 2306
20 Aug 1997 CA	Personal Injury, Litigation Practice
	Link[s] omitted

Coates -v- Curry
22 Aug 1997 CA	Personal Injury
	Awards of damages for loss of earnings must distinguish between past and future losses; the court is unable otherwise to calculate interest on damages.

Neal -v- Bingle
10 Sep 1997 CA	Personal Injury
	Loss of unrecoupable benefits was a proper subject of claim as special damages.
	Social Security Administration Act 1992 82

Miriam Knight -v- Sage Group Plc [1997] EWCA Civ 2340
11 Sep 1997 CA	Personal Injury, Litigation Practice
	[ Bailii ]

Thomas Allan -v- Vickers Plc; Shsegl (Realisations) Limited and T & N Plc and Newalls Insulation Company Limited [1997] EWCA Civ 2347
16 Sep 1997 CA	Personal Injury
	Link[s] omitted

Barry Joseph Marshall -v- Brightwell Fuels (Plymouth) Limited [1997] EWCA Civ 2382
2 Oct 1997 CA	Personal Injury
	Link[s] omitted

Bowman -v- Norfolk County Council [1997] EWCA Civ 2390
2 Oct 1997 CA	Litigation Practice, Personal Injury
	Striking out - delay.
	Link[s] omitted

Sewell -v- Electrolux Limited [1997] EWCA Civ 2443
8 Oct 1997 CA	Personal Injury	Casemap 1 Citers
	There had been an accident at work the claimant suffered substantial back pain and the recorder had to decide whether it was caused by the accident or by a pre-existing condition. Orthopaedic surgeons gave conflicting evidence. Unlike the master in the present case, the recorder did not even summarise the expert evidence (let alone seek to analyse its strengths and weaknesses) and, after a brief reference to the notes of the claimant's GP, he announced that, in relation to this issue, the claimant had failed to discharge the burden of proof. This court held that the recorder had abdicated his duty to make findings and, in the words of Hutchison L.J., "to address and resolve the central issue and such of the subsidiary issues as it was necessary to resolve to decide that central issue." A Judge had a duty to make finding on conflicting medical evidence; he was wrong to rely on burden of proof alone.
	Link[s] omitted

Griffin -v- Mersey Regional Ambulance [1997] EWCA Civ 2441; [1998] PIQR 44
8 Oct 1997 CA Simon Brown LJ, Rober Walker LJ	Personal Injury, Road Traffic, Negligence	Casemap 1 Cites 1 Citers
	A driver who had crossed through a green traffic light but had collided with an ambulance was 60 per cent contributorily negligent. He had failed to hear the ambulance, had failed to see it, and had ignored unusal driving of other motorists. Held: "In my judgment, the general approach of the judge below was entirely correct. He rightly identified the duty upon the defendants' driver crossing this junction against the red light, as a high or heavy one, but equally rightly he recognised a duty of care upon the plaintiff beyond that of merely taking reasonable steps to avoid colliding with any vehicle crossing on red which he happened to see or otherwise be aware of. Rejecting, as I do, the application here of what is suggested to be the absolute rule in favour of traffic crossing a junction on green established in Joseph Eva Ltd v Reeves, it follows that, in my judgment, the appellant's argument that there was no scope here for any finding of contributory negligence fails." The court emphasised that the nature of the duty owed by drivers crossing on green, in circumstances where emergency vehicles are crossing on red, is illuminated by regulation 33(2) of the 1994 Regulations. Simon Brown LJ also referred to rule 76 of the Highway Code providing: "Look and listen for ambulances…or other emergency vehicles with flashing blue lights or sirens. Make room for them to pass (if necessary by moving to the side of the road and stopping) but do not endanger other road users."
	Traffic Signs And General Directions Order 1994 (1994 No 1519)
	Link[s] omitted

Michael White -v- Lord Chancellor's Department [1997] EWCA Civ 2451
9 Oct 1997 CA	Personal Injury
	Link[s] omitted

Regina -v- Criminal Injuries Compensation Board ex parte CV [1997] EWHC Admin 848
9 Oct 1997 Admn	Personal Injury
	Link[s] omitted

Betty G Edwards ex parte -v- Cyril Manners-Roger [1997] EWCA Civ 2512
17 Oct 1997 CA	Personal Injury
	Link[s] omitted

Regina -v- Criminal Injuries Compensation Board ex parte Jane Collin [1997] EWHC Admin 910
22 Oct 1997 Admn	Personal Injury
	Link[s] omitted

Asha Kumar (Married Woman) -v- Vijay Kumar [1997] EWCA Civ 2590
29 Oct 1997 CA	Personal Injury, Damages, Road Traffic
	Link[s] omitted

Durnan Barnes -v- Stockton-On-Tees Borough Council [1997] EWCA Civ 2594
29 Oct 1997 CA	Personal Injury, Health and Safety	Casemap 1 Cites
	The claimant was injured at work at a swimming pool. As he and other members of staff tidied away a wet inflatable slide, he slipped and fell, suffering serious injury. Held: "it was necessary for the employers to have laid down a system to this extent: they should have warned their employees about the potential hazard of standing on the wet slide to remove the ropes attached to it so long as the air hose was still underneath it. That, it seems to me, was the hazard. I know that in this particular case the work had been done for many years and no accident had occurred; but of course that is usually the case. However, it does seem to me that there was inevitably a potential risk if men and women were treading on a wet, slippery piece of plastic to pull it out of the water and beneath that plastic, but invisible to the naked eye at this point, there was the air hose." Steps could have been taken to ensure the hose was put away before the slide. The appeal succeeded, and the defendant was responsible, but the plaintiff was 50% contributorily negligent.
	Link[s] omitted

Regina -v- Criminal Injuries Compensatio Board, ex parte Keane and Marsden [1997] EWHC Admin 934
29 Oct 1997 Admn	Personal Injury
	Link[s] omitted

Arnold Heyes -v- Pilkington Glass Limited [1997] EWCA Civ 2617
31 Oct 1997 CA	Personal Injury, Negligence
	Crane driver - "Vibration Induced White Finger".
	Link[s] omitted

Yates -v- Buckley [1997] EWCA Civ 2626
3 Nov 1997 CA	Personal Injury
	[ Bailii ]

Maureen Audrey Hughes -v- Lloyds Bank Plc (As Administrators of the Estate of Tapan Kumar Mukherjee) [1997] EWCA Civ 2623
3 Nov 1997 CA	Personal Injury
	[ Bailii ]

James McGregor Crosbie McCann -v- Hunt Steel and Cladding Ltd (In Administrative Receivership) [1997] EWCA Civ 2633; [1997] EWCA Civ 2632
4 Nov 1997 CA	Personal Injury
	Link[s] omitted

Andrew Bingham -v- Simon Lee Fuller [1997] EWCA Civ 2641
5 Nov 1997 CA	Personal Injury, Negligence
	Link[s] omitted

Gary Eion Mcgivney -v- Golderslea Limited [1997] EWCA Civ 2656
6 Nov 1997 CA	Personal Injury, Torts - Other
	Occupiers Liability Act 1957
	[ Bailii ]

Parker -v- Milne and Bocm Pauls Limited [1997] EWCA Civ 2660
6 Nov 1997 CA	Personal Injury
	Link[s] omitted

Mullin -v- Richards and Birmingham City Council [1997] EWCA Civ 2662; [1998] 1 All ER 920; [1998] 1 WLR 1304
6 Nov 1997 CA Lady Justice Butler-Sloss, Lord Justice Hutchison, Sir John Vinelott	Negligence, Personal Injury	Casemap 1 Cites 1 Citers
	Two 15 year old schoolfriends were playing with rulers when one shattered and a fragment injured the eye of the other. She claimed negligence in the school. She appealed a finding that she was herself fifty per cent responsible. Held: Although the judge had been correct as to the standard of care expected of a child of 15 there had been no evidence that a ruler could be expected to shatter, and nor therefore that an injury of this type was forseeable. The test is whether an ordinarily prudent and reasonable schoolchild in that situation would have realised that his actions gave rise to a risk of injury.
	Link[s] omitted

Ratcliff -v- G R McConnell and E W Jones Sued on Their Own Behalf As Governors and on Behalf of All Other Governors of Harper Adams Agricultural College [1997] EWCA Civ 2679; [1999] 1 WLR 670
7 Nov 1997 CA Stuart-Smith LJ	Personal Injury	Casemap 1 Cites 1 Citers
	The claimant a nineteen year old student climbed into a college property in the early hours of the morning, and then took a running dive into the shallow end of a swimming pool, suffering severe injuries. He was accompanied by friends and had been drinking, though he was not drunk. Held: The Act did not include the duty to safeguard the claimant from the consequences of his own folly. Stuart-Smith LJ: "It is unfortunate that a number of high-spirited young men will take serious risks with their own safety and do things that they know are forbidden, Often they are disinhibited by drink and the encouragement of friends. It is the danger and the fact that it is forbidden that provides the thrill. But if the risk materialises they cannot blame others for their rashness."
	Occupier's Liability Act 1984
	Link[s] omitted

Helen Hicklin -v- Stanton Rubber and Plastics Ltd [1997] EWCA Civ 2672
7 Nov 1997 CA	Personal Injury
	Link[s] omitted

Doughty -v- Stena Offshore Limited [1997] EWCA Civ 2685
10 Nov 1997 CA	Personal Injury, Damages
	Link[s] omitted

Wills -v- Entwistle and Spruce [1997] EWCA Civ 2701
12 Nov 1997 CA Roch, Thorpe, Buxton LJJ	Personal Injury, Road Traffic, Negligence
	The claimant was a passenger in a car driven by the first defendant. He was injured when the driver turned right at traffic lights, in front of a van approaching. The traffic lights were at green for both vehicles. The question was as to the possible liability of the driver of the van. The judge had found that the first defendant was unlikely to have indicated to turn right, but that the van had accelerated. Had the driver been paying proper attention he could have avoided the accident, and the van driver had been found to be 20% responsible. Held: There had been no evidence before the judge to found his assessment that thevan had not already entered the junction by the time the first defendant turned across his path. There was therefore no basis for finding contributory negligence on the van driver's part, and the van driver's appeal succeeded.
	Link[s] omitted

Girvan -v- Inverness Farmers Dairy and Another [1997] UKHL 47; 1998 SC (HL) 1; 1998 SLT 21; 1998 SCLR 72
13 Nov 1997 HL Lord Clyde, Lord Browne-Wilkinson, Lord Mackay of Clashfern, Lord Slynn of Hadley, Lord Hope of Craighead	Personal Injury, Scotland, Litigation Practice, Damages	Casemap 1 Cites 1 Citers
	(Scotland) A second re-trial in order to obtain a jury assessment of damages more in line with that assessed by judges would be wrong. Lord Clyde: 'In a system in which damages may be assessed in different cases either by a jury or by a judge it is essential, not only for the profession, but also for the court both in the making of awards and in the consideration of awards which have been made, for there to be available a convenient record of awards by juries as well as by judges.' The House will always be slow to interfere with a decision of the Court of Session on matters of procedure.
	Court of Session Act 1988
	Link[s] omitted

Robert Odiete -v- Post Office [1997] EWCA Civ 2751
18 Nov 1997 CA	Personal Injury, Damages
	Link[s] omitted

Burrows -v- Vauxhall Motors Ltd; Mongiardi -v- IBBC Vehicles Ltd [1997] EWCA Civ 2756
19 Nov 1997 CA Lord Woolf	Legal Professions, Costs, Personal Injury	Casemap 1 Cites
	After acceptance of money paid into court in proceedings issued unnecessarily quickly, the taxing officer alone has the power to disallow costs. Powers of the County Court to deal with costs unnecessarily incurred as the result of the premature issue of proceedings in personal injury actions where liability was not in issue.
	County Court Rules 1981 Order 11 r 3(3)
	Link[s] omitted

Widdowson (By her Father and Next Friend Widdowson) -v- Newgate Meat Corporation Scullion and Enaas [1997] EWCA Civ 2763
19 Nov 1997 CA	Personal Injury, Negligence, Road Traffic
	Res ipsa loquitur might be used to establish fault where the driver drove into a pedestrian on a carriageway and had no explanation for the accident.
	Link[s] omitted

Allen -v- London Borough of Barnet [1997] EWCA Civ 2780
21 Nov 1997 CA	Personal Injury
	Link[s] omitted

Moore -v- Ashworth and Another [1997] EWCA Civ 2796
21 Nov 1997 CA	Personal Injury, Litigation Practice
	Renewed application for leave to appeal out of time against dismissal of claim for want of prosecution.
	Link[s] omitted

Melville-Smith -v- Thorn Lighting Limited [1997] EWCA Civ 2815
25 Nov 1997 CA	Personal Injury
	Link[s] omitted

Michael Coleman -v- Dunlop Limited [1997] EWCA Civ 2828
26 Nov 1997 CA	Personal Injury
	Link[s] omitted

William Lyon -v- Serco-Ial Limited [1997] EWCA Civ 2849
27 Nov 1997 CA	Personal Injury, Negligence
	Link[s] omitted

Trevor Barry Oakley -v- Jack Leonard Rawlinson and Harvey and Brockless Limited [1997] EWCA Civ 2847
27 Nov 1997 CA	Personal Injury, Litigation Practice
	Link[s] omitted

Karl Andrew Whyte -v- Redland Aggregates Limited [1997] EWCA Civ 2842
27 Nov 1997 CA Henry LJ	Negligence, Personal Injury	Casemap 1 Cites 1 Citers
	The appellant dived into a disused gravel pit and struck his head on an obstruction on the floor of the pit. The Court dismissed his appeal that he was not entitled to damages. Held: "In my judgment, the occupier of land containing or bordered by the river, the seashore, the pond or the gravel pit, does not have to warn of uneven surfaces below the water. Such surfaces are by their nature quite likely to be uneven. Diving where you cannot see the bottom clearly enough to know that it is safe to dive is dangerous unless you have made sure, by reconnaissance or otherwise, that the diving is safe ie. that there is adequate depth at the place where you choose to dive. In those circumstances, the dangers of there being an uneven surface in an area where you cannot plainly see the bottom are too plain to require a specific warning and, accordingly, there is no such duty to warn (see Lord Shaw in Glasgow Corporation v Taylor [1922] 1 AC 44, 60. There was no trap here on the judge's finding. There was just an uneven surface, as one would expect to find in a disused gravel pit."
	Link[s] omitted

Ronald Quinn -v- Ministry of Defence [1997] EWCA Civ 2865; [1998] PIQR P387
28 Nov 1997 CA	Armed Forces, Personal Injury	Casemap
	Link[s] omitted

Hazel Constance Tipper -v- North Staffordshire Area Health Authority [1997] EWCA Civ 2855
28 Nov 1997 CA	Personal Injury, Limitation
	Link[s] omitted

Wright -v- Alcan Enfield Alloys Ltd Shorrocks Guards Ltd [1997] EWCA Civ 2869
1 Dec 1997 CA	Personal Injury, Health and Safety
	Link[s] omitted

Howells -v- Trefigin Oil and Trefigin Quarries Limited [1997] EWCA Civ 2874;
2 Dec 1997 CA	Personal Injury, Negligence
	Link[s] omitted

Barry James Melleney (a Minor By her Father and Next Friend David William Melleney) -v- Anthony Arthur Wainwright [1997] EWCA Civ 2884
3 Dec 1997 CA	Personal Injury, Negligence
	Link[s] omitted

Tracey Harkin -v- Keith Hellawell (Sued As the Chief Constable of West Yorks Police) [1997] EWCA Civ 2915
4 Dec 1997 CA	Personal Injury, Litigation Practice, Animals
	The claimant had been bitten by a police dog and wished to claim damages. She appealed refusal of an order for records of the dog to be disclosed. Held: The request was phrased impossibly widely and had been properly refused.
	Animals Act 1971 2
	Link[s] omitted

Sandra Lay -v- Morland and Co Plc [1997] EWCA Civ 2923
5 Dec 1997 CA	Personal Injury, Damages
	Link[s] omitted

Price -v- United Engineering Steels Limited; J J Habershon and Sons Limited [1997] EWCA Civ 2983
12 Dec 1997 CA Brooke, Waller LJJ	Personal Injury, Limitation
	Appeal by the Plaintiff from an order refusing to make a direction under section 33 of the Limitation Act 1980 disapplying section 11 of the Act in relation to the Plaintiff’s action against the Defendants for damages for personal injuries.
	Limitation Act 1980 33 811
	Link[s] omitted

Janice Smith (on Behalf of the Estate of Graham Corcoran Deceased) -v- Janet Berry [1997] EWCA Civ 2979
12 Dec 1997 CA	Personal Injury, Litigation Practice	Casemap 1 Cites 1 Citers
	Extension of time to serve writ.
	Link[s] omitted

Creutzfeld Jakob Disease Litigation; Newman and Others -v- Medical Research Council and Another [1997] EWCA Civ 2749; [2000] Lloyds Law Rep (Medical) 161
20 Dec 1997 CA Morland J	Personal Injury	1 Citers
	The claimants had been negligently injected as children with Hartree HGH, a human growth hormone that exposed them to the risk of contracting CJD. One issue was whether this rendered the defendants liable for psychiatric illness caused by the shock of learning of the risk to which they had been exposed. Held: Litigation for Creutzfeld Jacob Disease cut off date for litigation; those receiving treatment before and after must show would have stopped. "I can see no logical reason why foreseeability of or responsibility for shock and psychiatric injury should be limited to an area of time contemporaneous or almost contemporaneous to the negligent physical event i.e. the injection of Hartree HGH. If the psychiatric injury was reasonably foreseeable it should be untrammelled by spatial physical or temporal limits (see per Lord Scarman in McLoughlin at page 414A)."
	Link[s] omitted