Law Bulletin - October 2006

Harassment Case [Liability]

We win a trial under the Protection from Harassment Act 1997.

Occupiers’ Liability Act – Letterbox [Liability]

An occupier was liable under the 1957 Act for the spring-loaded flap on his letterbox, which amputated the finger of someone delivering a letter.

Handling badgers [Thompsons’ cases]

The claimant was instructed to remove rubbish bags from the back of one vehicle into another vehicle for disposal. The vehicle in question was eight feet high and was full with bags of rubbish.

Speed bumps [Thompsons’ cases]

The claimant was thrown from her moped when she hit an unmarked speed bump.

Judge’s finding on causation flawed [Practice and Procedure]

Another whiplash case. This time the Court of Appeal overturned the findings of a Judge relating to the effect of an injury.

Big news on Personal Injury Trusts [Damages]

On 1 October 2006 the Social Security (Miscellaneous Amendments) (No.4) Regulations 2006 came into force. The rules on Means Tested State Benefits have been changed so that benefits received within a period of 52 weeks after receipt of the award will be excluded from the recoupment

Enforcement of Periodical Payment Orders [Damages]

Counsel has recently advised on enforcement of a periodical payment order against the Home Office.