Case Reports

Last updated Sunday 23 September, 2007

Graham Tomlinson v Ministry Of Defence
The Claimant was born on the 10th September 1968 and so was 33 at the date of the accident on the 27th July 2002. He sustained a severe brain injury, and his claim was tried before Judge Foster QC. The judgment is interesting for a number of reasons.
Kirstie Dallow and Shropshire Health Authority
Miss Kirstie Dallow was born on the 31st January 1983 and so is now 24. She was injured catastrophically at birth by the negligence of the Defendant.
Kirstie Dallow and Shrewsbury & Telford Hospitals NHS Trust.
Interim Payment Application. His Honour Judge Macduff QC. Level playing field. Sowden and Crookdake. Periodical payments order as a bar.
K T v. D J R
Substitution of first care expert by second. Appeal of plainly wrong decision of district judge.
Stephanie Hart and Iain William Pretty
RTA. Case tried on quantum. Award £4.1 million. Issue of how to provide 24/7 care – resident or shift. Hydrotherapy pool at £235,000
Stuart Parry and MR M. J. Humbert
Mr Stuart Parry was born on the 30th April 1967 and so was almost 33 at the date of the accident on the 7th April 2000. He was 37 at the date of the trial of his damages claim in January and February 2005.
Samuel Downing and Samerjeet Kaur Uppal
Application for interim payment, Defence arguments, Award of £265,000
C5/6 tetraplegia
Cost of adapting mother’s home (with whom the Claimant did not live). Two further moves of home later in life
Maxwell Burt and London Fire and Emergency Planning Authority
One November evening in 1999, Max Burt was driving home after work. He was a successful young man, with an exciting life ahead of him. He drove across green traffic lights, and was hit at speed by a fire appliance crossing a red light far too fast. He was injured catastrophically. His claim came for trial in November 2002, before His Honour Judge Pryor Q.C., sitting in London.
Christopher C** and W** Health Authority
Negligent failure to diagnose a blocked shunt. Brain damage and blindness. Local authority's legal obligation to provide care
Huck v Robson
Claimant's Part 36 offer at 95%. Court of Appeal decision 21/3/02
TJ and MH
Very severe brain damage. Settlement approved at £3.65 million
Beattie v. Secretary of State for Social Security
Effect of personal injury settlement on Income Support. Court of Appeal decision
John Tomlinson v. Congleton Borough Council
Diving tetraplegic recovers compensation in the Court of Appeal
There have been two recent cases in the Court of Appeal which may be important to personal injury practitioners.
Theresa Farr v. Martin Nuttall
Damages assessed at £2.7 million
Margaret Westmoquette v Michael Dean
Appalingly defended case against triple amputee.
Charles McCoy
"Minor" head injury receives £445,000
Laughton v Ministry of Defence
£½ million award for bad back caused by MOD helicopter crash.
Jason Karl Rogers in the CICB
Almost £1 million awarded by CICB for brain injury.
Cameron McCabe v Scottish Agricultural Industries PLC
Over £800,000 in today's money for badly broken legs and brain damage.
Maurice Bell v Kirkby and Skinner
Claimant blind and deaf with brain damage- awarded over £1 million in today's money.
Brian Williams v Jacquline Ashley
Cyclist's helmets and conspicuous clothing.
Scott Jenkins v Grocott & Hoyt
£1.4 million for brain damage reported in P.I.Q.R.
William Alec Davies v Paul A. Clarkson
£607,000 for brain damage and badly broken leg- unsuccessful attack on claimant by video.
O'Hara & O'Hara v Rye
Failure to serve a schedule in accordance with an "unless" order- Court of Appeal restricted Hytec.
M*** McF****ne v Clifford Smith and Buchanan (Solicitors)
£715,000 for below knee amputation- £122,000 awarded for Dorset limbs
Christopher Jebson v Ministry of Defence
Drunken claimant suffers severe brain injury when he falls out of Army lorry The defence is that he is not owed a duty because he chose to get drunk.
LW v B**** Health Authority
Severe brain damage caused at birth. Very severe behavioural problems. Trial on all aspects of compensation. £5 million award
S B and M L
Low speed car crash causing severe whiplash injury. Allegation of dishonesty against Claimant. Quality of expert evidence. Video evidence




Exchange Chambers,
Liverpool and Manchester


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