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Personal Injury: Case Law, Legislation, Links 26-08-15

Personal Injury: Case Law, Legislation, Links 26-08-15

Postby dls » Wed Aug 26, 2015 7:33 pm

Issues arising after personal injury.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Corr -v- IBC Vehicles Ltd; CA 31-Mar-2006 - The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part of the employer’s duty of care to prevent a later suicide.
    Jennings -v- The Forestry Commission; CA 23-May-2008 - The claimant was a self employed contractor. He suffered serious injuries when while working for the defendant, his vehicle overturned. The defendant appealed against the finding of liability. The Land Rover went out of control on a steeply sloping field on which he was driving in the course of carrying out fencing work for the Forestry Commission. He alleged that the Forestry Commission had assumed control over his work equipment (the Land Rover). The judge had said: “a householder who employs a contractor to do work on his home, and then sees the contractor using his equipment in a way which appears to be dangerous, is not in breach of Regulation 3 if he does not intervene.”
    Laroche -v- Spirit of Adventure (UK) Ltd; QBD 17-Apr-2008 - The claimant was injured in a hot air balloon. The defendant relied on the Rules in the Act to limit his liability to two years after the event.
    Probert -v- Moore; QBD 9-Aug-2012 - The claimant was severely injured walking along the carriageway on a 60mph unlit road at 5:00pm on a December day. A hedgerow obliged to to walk in the road. The defendant driver said that she was contibutorily negligent in that it was dark and she was walking on the left hand side of the road and had not been wearing a high visibility jacket. The expert evidence suggested he had been driving at less than 45mph.
    RAR -v- GGC; QBD 10-Aug-2012 - The claimant alleged that the defendant, her stepfather, had sexually and otherwise assaulted her when she was a child. He had pleaded guilty to one charge in 1978, and now said that the claim was out of time. The claimant sought the extension of time for the claim on a just and equitable basis under section 33.
    Stovin -v- Wise, Norfolk County Council (Third Party); HL 24-Jul-1996 - The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway.
    Welsh -v- Stokes and Another; CA 27-Jul-2007 - The claimant sued a riding stables after she was badly injured on being thrown from the horse provided. Her claim in negligence failed, but she succeeded under strict liabiilty under the 1971 Act, after the judge relied upon hearsay evidence.
    Whippey -v- Jones; CA 8-Apr-2009 - The claimant was running along a river embankment. A large dog owned by the appellant, taking it for a walk, was off the leash. It ran out at the claimant who broke his ankle falling into the river. The defendant appealed against a finding that he had been negligent.
Legislation:
    1906
      Dogs Act 1906 / 32 -|- Case law -|- See Also: Animals
      An Act to consolidate and amend the Enactments relating to injury to live stock by Dogs, and otherwise to amend the Law relating to Dogs.
    1934
    1948
    1957
      Occupiers Liability Act 1957 / 31 -|- Case law -|- See Also:, Land
      An Act to amend the law of England and Wales as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there, to make provision as to the operation in relation to the Crown of laws made by the Parliament of Northern Ireland for similar purposes or otherwise amending the law of tort, and for purposes connected therewith.
    1961
      Factories Act 1961 / 34 -|- Case law -|- See Also:, Health and Safety, Employment
      Carriage by Air Act 1961 / 27 -|- Case law -|- See Also: Transport
      An Act to give effect to the Convention concerning international carriage by air known as "the Warsaw Convention as amended at The Hague, 1955", to enable the rules contained in that Convention to be applied, with or without modification, in other cases and, in particular, to non-international carriage by air; and for connected purposes.
    1971
      Law Reform (Miscellaneous Provisions) Act 1971 / 43 -|- Case law -|- See Also: Damages, Limitation
      An Act to extend in certain cases the time limit for bringing legal proceedings where damages are claimed which consist of or include damages for personal injuries or in respect of a person’s death, and to amend accordingly the Limitation Act 1963; to provide that in assessing damages for widows in actions arising from the death of their husbands, remarriage and prospects of remarriage shall be left out of account; to repeal section 19 of the Administration of Justice Act 1965; and for purposes connected therewith.
    1972
      Defective Premises Act 1972 / 35 -|- Case law -|- See Also: Land, Torts - Other
      An Act to impose duties in connection with the provision of dwellings and otherwise to amend the law of England and Wales as to liability for injury or damage caused to persons through defects in the state of premises.
    1974
      Health and Safety at Work etc Act 1974 / 37 -|- Case law -|- See Also: Health and Safety, Employment
      An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes.
      Carriage of Passengers by Road Act 1974 / 35 -|- Case law -|- See Also:, Transport
      An Act to give effect to a Convention on the Contract for the International Carriage of Passengers and Luggage by Road, and for purposes connected therewith.
    1976
    1982
      Administration of Justice Act 1982 / 53 -|- Case law -|- See Also:, Damages, Wills and Probate
      An Act to make further provision with respect to the administration of justice and matters connected therewith; to amend the law relating to actions for damages for personal injuries, including injuries resulting in death, and to abolish certain actions for loss of services; to amend the law relating to wills; to make further provision with respect to funds in court, statutory deposits and schemes for the common investment of such funds and deposits and certain other funds; to amend the law relating to deductions by employers under attachment of earnings orders; to make further provision with regard to penalties that may be awarded by the Solicitors’ Disciplinary Tribunal under section 47 of the Solicitors Act 1974; to make further provision for the appointment of justices of the peace in England and Wales and in relation to temporary vacancies in the membership of the Law Commission; to enable the title register kept by the Chief Land Registrar to be kept otherwise than in documentary form; and to authorise the payment of travelling, subsistence and financial loss allowances for justices of the peace in Northern Ireland
    1984
      Prescription and Limitation (Scotland) Act 1984 / 45 -|- Case law -|- See Also: Scotland, Damages, Limitation
      An Act to make new provision for Scotland with respect to the extinction of obligations to make contributions between wrongdoers; to amend the law relating to the time-limits for bringing actions which consist of or include a claim of damages in respect of personal injuries or a person’s death; to make provision relating to the application of rules of law of a country other than Scotland in respect of the extinction of obligations or the limitation of time within which proceedings may be brought to enforce obligations; and for connected purposes.
      Occupiers' Liability Act 1984 / 3 -|- Case law -|- See Also:, Land, Contract
      1984 CHAPTER 3An Act to amend the law of England and Wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors; and to amend the Unfair Contract Terms Act 1977, as it applies to England and Wales, in relation to persons obtaining access to premises for recreational or educational purposes.
    1986
      Highways (Amendment) Act 1986 / 13 -|- Case law -|- See Also: Land, Crime, Nuisance
      An Act to amend the Highways Act 1980 so as to impose penalties in cases where a user of a highway is injured, interrupted or endangered in consequence of the lighting of a fire on the highway or elsewhere.
    1987
      Consumer Protection Act 1987 / 43 -|- Case law -|- See Also: Consumer
      An Act to make provision with respect to the liability of persons for damage caused by defective products; to consolidate with amendments the Consumer Safety Act 1978 and the Consumer Safety (Amendment) Act 1986; to make provision with respect to the giving of price indications; to amend Part I of the Health and Safety at Work etc. Act 1974 and sections 31 and 80 of the Explosives Act 1875; to repeal the Trade Descriptions Act 1972 and the Fabrics (Misdescription) Act 1913; and for connected purposes.
      Animals (Scotland) Act 1987 / 9 -|- Case law -|- See Also: Animals, Scotland
      An Act to make provision for Scotland with respect to civil liability for injury or damage caused by animals, the detention of straying animals and the protection of persons or livestock from animals; and for connected purposes.
    1992
      The Personal Protective Equipment at Work Regulations 1992 / 2966 -|- Case law -|- See Also: Health and Safety, Employment
      The Secretary of State, in exercise of the powers conferred upon her by sections 15(1), (2), (3)(a) and (b), (5)(b) and (9) of, and paragraphs 11 and 14 of Schedule 3 to the Health and Safety at Work etc. Act 1974(1), and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
    1995
    1996
      Damages Act 1996 / 48 -|- Case law -|- See Also: Damages
      An Act to make new provision in relation to damages for personal injury, including injury resulting in death.
    1998
      The Provision and Use of Work Equipment Regulations 1998 / 2306 -|- Case law -|- See Also: Health and Safety
      The Secretary of State, in the exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (5) and (6)(a), 49 and 82(3)(a) of, and paragraphs 1(1), (2) and (3), 9, 14, 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) ('the 1974 Act') and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
    2006
      Compensation Act 2006 / 29 -|- Explanatory Note -|- Case law -|- See Also:, Damages, Negligence, Legal Professions
      An Act to specify certain factors that may be taken into account by a court determining a claim in negligence or breach of statutory duty; to make provision about damages for mesothelioma; and to make provision for the regulation of claims management services.
    2013
    2014
      Mesothelioma Act 2014 / 1 -|- Case law
      An Act to establish a Diffuse Mesothelioma Payment Scheme and make related provision; and to make provision about the resolution of certain insurance disputes.

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