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Law Bulletin - June 2007

No liability for failing to ‘nose-poke’ [Liability]

The Court of Appeal has looked at the classic situation of a collision between a motor scooter and a car.

Victory for ambulance man left on his own [Thompsons’ cases]

We recently succeeded in establishing liability for an ambulance man who was sent to deal with an emergency, probably an unconscious drug addict in a derelict outbuilding down an alley in West Rhyl, a location where crime was rife.

Another assault case succeeds [Thompsons’ cases]

The claimant had been involved in several incidents during the course of her work as a residential social worker having been assaulted a number of times by a young resident

Are employers liable for tickling? [Thompsons’ cases]

The claimant was injured during a role play on a control and restraint course.

Contributory negligence [Thompsons’ cases]

The claimant was a plasterer working in a town’s property. He was standing on a wooden board resting on two trestles.

Assault by pupil claim fails [Thompsons’ cases]

In the last issue of the Bulletin we reported two successful cases of claims arising from assault by pupils.

Training [Thompsons’ cases]

In a recent case involving manual handling by a council worker, the defendants relied upon the claimant having been properly trained, in particular a kerb laying course, a conversation between the claimant and his manager, tool box talks, and a meeting with another manager.

Assessment of loss of a chance [Practice and Procedure]

Where a solicitor has been negligent, and as a result the claimant has lost the opportunity of pursuing a claim, the court has to assess the extent of the loss of chance.

Judge fails to consider medical evidence or to give reasons for findings [Practice and Procedure]

The claimant was an RAF helicopter pilot who suffered a neck injury while in a simulator.

Telephone hearings [Practice and Procedure]

With effect from 6 April 2007, paragraph 6 of Practice Direction (Applications) was substituted with a new paragraph.

Another successful court award on miner’s VWF case [Damages]

In the last issue we reported a judgment where we had challenged the government who had denied compensation to a miner under the VWF scheme.

Interest in fatal cases [Damages]

In a recent fatal mesothelioma case, the Judge awarded interest at the full rate on the past and future losses claimed under the Fatal Accidents Act, on the basis that the multiplier has to be taken from the date of death.