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medico-legal brief update providing medico-legal updates to lawyers since 2005 home about contact us -- home about contact us -- -- uk insurance limited v stuart gentry [2018] ewhc 37 (qb) the claimant insurer brought tort of deceit and committal proceedings arising out of an alleged accident in march 2013. the claimant had settled the pre-accident value of the defendant’s vehicle in the sum of £14,000 and the defendant had brought further claims for pi and hire of a replacement vehicle. these damages were assessed in the sum of £75,000. in 2014 the claimant undertook internet research which indicated that the claimant’s insured and the defendant knew each other prior to the accident. in a witness statement the defendant had asserted he did not know the insured, but at the time of the trial he accepted that this was untrue. the claimant’s case was that the accident was staged. after a two-day trial in the high court, teare j held that uki had made out its case against mr gentry. the court concluded that, when stepping back and assessing all of the evidence, it was suggestive that the collision was staged. the defendant and the insured knew each other and neither had informed uki, even when the 2014 information came to light. in addition, the insured’s vehicle was very old and the defendant chose not to give evidence at the trial. the court had the required evidence to conclude that the claimant had made out its case. february 28, 2018 · editorial team · comments closed posted in: cases london organising committee of the olympic and paralympic games v haydn sinfield [2018] ewhc 51 (qb) locog appealed against a finding of a recorder that a claimant was not fundamentally dishonest for the purposes of section 57 criminal justice and courts act 2015. the claimant brought a claim for personal injuries caused whilst he was volunteering at the olympic games. the recorder found that the claimant had been dishonest in fabricating invoices and exaggerating a claim for gardening services, but did not find that the dishonesty was fundamental, as it was the product of ‘muddled, confused and careless’ case preparation. on appeal, it was held that the recorder had erred. he had elided the tests for fundamental dishonesty and whether this would cause substantial injustice to the claimant. the claimant had acted dishonestly in relation to a substantial part of the claim in a way that adversely impacted the defendant. the schedule of damages contained dishonest misstatements which were fundamentally dishonest. the largest head of damage was supported by a dishonest witness statement and fabricated invoices. both were premeditated and maintained. as a result of the finding of fundamental dishonesty the claim, valued at some £26,000, was struck out and the claimant ordered to pay the defendant’s costs of the action and appeal on the indemnity basis. february 15, 2018 · editorial team · comments closed posted in: cases cn and another (through their litigation friend the official solicitor) v poole borough council [2017] ewca civ 2185 (unreported) the claimants and their mother were placed in local authority housing. the first claimant suffered from severe physical and learning difficulties, and was a child ‘in need’ for the purposes of s.17 of the children act 1989. the second claimant was also a child. the defendant was allegedly aware of a family housed in nearby accommodation persistently behaving in an anti-social manner. that family were said to harass and abuse the claimants, resulting in cn attempting to commit suicide. the claimants brought an action against their local authority in negligence, alleging that the latter had a common law duty of care to the claimants, informed by the children act 1989, to protect children in the local authority’s area, and to protect children at foreseeable risk of harm. it was alleged that the local authority ought to have conducted a child in need assessment, which should have led to the conclusion that the children (if not the family) required relocating. at first instance the claims were struck out as disclosing no reasonable cause of action. this decision was overturned in the high court and the claims were restored. the defendant unsuccessfully appealed to the court of appeal, which ruled that conventional common law principles prohibited any finding of liability on the local authority’s part. the court of appeal set aside its earlier decision of d v east berkshire , in which it had held that the general preclusion of claims brought by vulnerable children against local authorities (as laid down in x v bedfordshire ) could not survive the human rights act 1998. the court held that d v east berkshire could no longer stand following the supreme court’s decision in michael v chief constable of south wales , in which the court held that the common law of negligence did not require extending to accommodate articles 2 and 3 of the european convention on human rights, given that there was a statutory cause of action under the human rights act 1998. therefore, relying heavily on the decision of x v bedfordshire , the court considered the children act 1989 and held that parliament could not be taken to have intended to create a private law cause of action in negligence. further, the court held that the case did not satisfy any of the exceptions to the general common law rule that a defendant is not, without more, liable to protect a claimant from the actions of a third party. january 28, 2018 · editorial team · comments closed posted in: cases ivor cook v swansea city council [2017] ewca civ 2142, [2017] all er (d) 110 (dec) the claimant brought an action against the local authority on the basis that it had breached its duty under the occupiers’ liability act 1957 (‘ola’) in failing to grit a car park which it owned and operated. the claimant had slipped on ice in the car park, causing him to fall and sustain injuries. the local authority operated a ‘reactive’ system, whereby they would grit an area if a member of the public reported it as being dangerous. the claimant argued that the local authority employees who visited the car park, such as ticket wardens, should report icy conditions to the local authority, and that the failure to utilise such a system fell below the standard of reasonable care. the first instance judge found that the local authority’s reactive system was sufficient to discharge its duty of care under ola. on appeal, the court of appeal upheld the judgment, noting that it would be unreasonable in all the circumstances to impose a duty which required the local authority to grit all unmanned car parks when icy conditions were reported, and that there had to be a balancing exercise which took account of the likelihood of injury, the seriousness of any injury which may occur, the social value of the activity giving rise to the risk, and the cost of preventative measures. particularly, the court noted that ice was an obvious danger and that people could be expected to look out for the same. it also held that there was social utility in providing a 24 hour parking facility, and that the cost of manning and/or regularly gritting the car parks (as an alternative to closing them and thereby losing their utility) was disproportionate to the risk in question. january 15, 2018 · editorial team · comments closed posted in: cases advantage insurance ltd v ewere (16 november 2017, qbd, slade j) the claimant insurance company applied for committal of the defendant for contempt of court. the defendant had stated in the original personal injury action that he was in a parked vehicle when it was struck by the claimant’s insured thereby causing him injury. that was verified with a statement of truth in the particulars of claim and two witness statements. the claim was dismissed, the judge finding that the defendant was not in the vehicle at the time. slade j considered that the claimant had established to the criminal standard, that

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Domain Name: MEDICOLEGALBRIEFUPDATE.COM
Registry Domain ID: 209360590_DOMAIN_COM-VRSN
Registrar WHOIS Server: whois.melbourneit.com
Registrar URL: http://www.melbourneit.com.au
Updated Date: 2016-08-15T20:41:02Z
Creation Date: 2005-09-14T16:04:00Z
Registry Expiry Date: 2017-09-14T16:04:00Z
Registrar: Melbourne IT, Ltd. d/b/a Internet Names Worldwide
Registrar IANA ID: 13
Registrar Abuse Contact Email:
Registrar Abuse Contact Phone:
Domain Status: ok https://icann.org/epp#ok
Name Server: NS.HEARTINTERNET.CO.UK
Name Server: NS2.HEARTINTERNET.CO.UK
DNSSEC: unsigned
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  REGISTRAR Melbourne IT, Ltd. d/b/a Internet Names Worldwide

SERVERS

  SERVER com.whois-servers.net

  ARGS domain =medicolegalbriefupdate.com

  PORT 43

  TYPE domain

DOMAIN

  NAME medicolegalbriefupdate.com

  CHANGED 2016-08-15

  CREATED 2005-09-14

STATUS
ok https://icann.org/epp#ok

NSERVER

  NS.HEARTINTERNET.CO.UK 79.170.40.2

  NS2.HEARTINTERNET.CO.UK 79.170.43.3

  REGISTERED yes

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