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Law Bulletin - July 2008

Carers and the condition of private homes [Thompsons’ cases]

In Smith -v- Northamptonshire CC it was suggested that services could be withdrawn if an occupier wouldn’t do a repair of a clear hazard in their home:

“But all that the Council could do, if dissatisfied with the ramp, was request that it be changed and, if it was not changed, refuse to allow its employees to use it”

Open manhole covers [Thompsons’ cases]

The claimant fell through a damaged manhole cover obscured by cut grass. It was the property of Yorkshire Water. It was in the middle of a field owned by a farmer and was part of a public right-of-way across the field.

Things that fall from above [Thompsons’ cases]

Our client was cleaning a workshop and bending down using a hand brush to remove dust from a skirting board.

Pushing wheelchairs at school [Thompsons’ cases]

Our client worked at a Secondary School that employs an inclusion policy for children with disabilities.

Hopping over a school fence [Thompsons’ cases]

The claimant pupil was 14. School ended at 3.45. Her bus left at 3.55 sharp. If she missed it she would have to call her Mum for a lift . To catch it she had to use a gated exit, which was shut by day but opened by the caretaker between 3.35-3.45.

Eligibility for War Disablement Pension / War Widow’s Pension / Widower’s Pension [Damages]

When a service person, who served before 6 April 2005, died as a result of their service in HM Forces and their disablement or illness was linked to their service in the Armed Forces, then their widow, widower, partner or dependent may be able to make a claim for a War Disablement Pension from the Veterans Agency.

Award of general damages for eye injury [Damages]

It is always difficult to judge what general damages might be awarded in respect of an eye injury where there is still residual vision but a permanent disability.