Law Bulletin - January 2006

Deep vein thrombosis and air travel group litigation (2005) [Liability]

The House of Lords has ruled that passengers who have suffered deep vein thrombosis ( D.V.T.) on a normal international flight had not suffered an “accident” under the Warsaw Convention on International Carriage by Air 1929 Art.17.

Smoking and contributory negligence in asbestos cases [Liability]

A smoker who was certified as dying of asbestosis and lung cancer, among other causes, was 20 per cent contributorily negligent for the cause of his death in failing to heed general health warnings on cigarettes and specific warnings from his GP from the mid 1970’s onwards.

Animals’ Act [Liability]

The claimant, David Ray, was an enforcement officer who said he was at a farm for the purpose of investigating fly tipping. He could not enter the house due to dogs in the courtyard owned by the defendant. He tried to attract the attention of the owner by rattling the gate. One of the dogs bit his hand, causing a wound that required 14 stitches.

Control and restraint training [Liability]

The claimant was employed as a residential social worker by Sunderland Council.

Vibration White Finger Claims [Liability]

We have had a professional negligence claim against Russell Young Solicitors. We took over the file from Burroughs Day who had already issued proceedings.

Defence does not have to plead fraud in low velocity impact cases [Practice and Procedure]

The Court of Appeal recently looked at practice and procedure issues involving the growing number of low velocity impact RTA cases.

Awards for minor injuries [Damages]

Two neck injury cases, recently reported in Kemp News, illustrate the difficulties in assessing damages and anticipating what judges might award.

Stress in the NHS [Other News]

NHS Trusts will receive new help to tackle work related stress; the HSE claim that one in five workers are either “very” or “extremely” stressed.