Practice Pre-trial or post-judgment relief. The Queen's Bench Division allowed the defendant's application for the late introduction of surveillance evidence. It did however order that he defendant should bear the costs thrown away by the vacation of the trial date, on an indemnity basis.
Practice Pre-trial or post-judgment relief. The Queen's Bench Division held the claimant in a personal injury action was entitled to summary judgment against the second defendant in that she had had a contract with the second defendant which had been breached and that breach had caused her injuries.
Claim form Service. The Queen's Bench Division allowed the appeal of the second to fourth defendants against an order granting the claimant's application, under CPR7.6(2), for time for service of the claim form and particulars of claim on those three defendants to be extended. Ultimately, the question for the master had been whether a good reason had been shown on the evidence before him for granting the extension of time. The evidence provided in support of the application had fallen short of what had been required to permit a finding in the claimant's favour.
Damages Personal injury. The Queen's Bench Division held that it had been proved on the evidence that the deceased had suffered an actionable injury as a result of the totality of his exposure to asbestos, to which the defendant had made a material contribution and there was no need to prove that the contribution of itself had given rise to a discernible or measurable injury.
Negligence Liability. The Queen's Bench Division in a clinical negligence case in relation to an unsuccessful eye operation dismissed the claimant's case against the defendant NHS Trust on the basis of the defendant's case that the vitreous on the claimant's left eye remained attached and that was sufficient for the defendant's case to prevail on the issue of breach of duty.
Hosseini (a protected party, by her litigation friend O'Connor) v Central Manchester University Hospitals NHS Foundation Trust
Negligence Causation. The Queen's Bench Division, in a clinical negligence case brought by the claimant by her mother as litigation friend, held that there had been no negligence in the performance of a correctional operation preformed on the claimant which left her with damage to the cauda equina with consequent lower paralysis.
Costs Order for costs. The Court of Appeal, Civil Division, ruled on an appeal and applications concerning the appropriate orders for costs following the respondent Secretary of State's withdrawal of her certification of human rights claims, in the light of the decision of the Supreme Court in EM (Eritrea) v Secretary of State for the Home Department ().
Damages Personal injury. The Queen's Bench Division held that, taking into account the claimant's psychological state and loss of capacity, he was entitled to an award of damages for pain suffering and loss of amenity in the sum of 192,500 for the damage cause by the admitted negligence of a hospital.
Practice Appeal. The Court of Appeal, Civil Division, dismissed an application under CPR52.17 for permission to re-open an appeal. In the circumstances, the reopening of the appeal was not necessary to avoid real injustice and the circumstances were not in any way exceptional. There was a pressing need for the litigation to be finalised and it was, therefore, inappropriate for the appeal to be reopened.
Practice Pre-trial or post-judgment relief. The Queen's Bench Division allowed an appeal from a decision of a recorder, refusing to award a fixed-advocacy fee on the basis that the case had settled. It had not strained the language of CPR 45.29C to conclude that the case was one where the claim had been 'disposed of at trial', albeit by way of settlement rather than judgment.