Negligence Personal injury. The appeal by the claimant cyclist against a judge's decision, dismissing his claim for personal injuries, loss and damage following a collision with the defendant driver, was dismissed. The Court of Appeal, Civil Division, held that, on the evidence, the defendant had not been responsible for the accident.
Practice Striking out. The Queen's Bench Division made a number of preliminary rulings in a case concerning a claimant who alleged that the defendant Home Office and Secretary of State for the Home Department had failed to make reasonable enquiries as to whether the claimant had been a victim of trafficking and had also unlawfully detained the claimant as a consequence of alleged errors of law relating to the identification of the claimant as a victim of trafficking.
Law Debenture Trust Corporation plc v Ukraine, represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine
Practice Summary judgment. The Commercial Court allowed the claimant trustee's application for summary judgment, in a case concerning an agreement between Russia and Ukraine to subscribe part of Ukraine's debt. Among other things, the transaction was not void because Ukraine had had the capacity to enter into it, and the acts of Russia in invading Crimea and Eastern Ukraine were not capable of establishing a defence of duress for the defendant Ukrainian state.
Medical practitioner Negligence. The Court of Appeal, Civil Division, dismissed the appellant's appeal against a decision dismissing her claim for damages for personal injury and loss allegedly sustained as a result of negligent treatment by the respondent NHS Trust. The court held that it had been unwise for the judge to have referred so extensively to his own experience of knee treatment and to his background reading on the subject, however, nothing the judge had done or said had given an objective appearance of bias or predetermination of the issues.
Negligence Personal injury. The Court of Appeal dismissed the claimant's appeal against the trial judge's decision to reject his claim for damages for personal injury against the defendant NHS Trust based upon alleged negligence by the receptionist in a hospital's accident and emergency department regarding inaccurate information about waiting times. The Court held that the judge had been entitled to find that, among other things, the receptionist did not owe any duty to the claimant to advise him about waiting times.
Adjudication Award. The Technology and Construction Court granted the claimant summary judgment on its claim for the enforcement of an adjudicator's award in a construction dispute and held that the defendant was not permitted to raise a challenge to the adjudicator's decision in the defence of the summary judgment claim. The court held that it could not be right, absent any consent from the claimant, to let the defendant shoehorn into the time available at the enforcement hearing the entirety of that adjudication dispute.
Practice Summary judgment. The Chancery Division dismissed the claimant local authority's application for summary judgment on part of a claim relating to the selling of shares by the defendants in a football club. The court held that the issues on which summary judgment was sought were at least arguable, and that they would be appropriately resolved at trial.
Medical practitioner Negligence. The Queens Bench Division, in a claim of medical negligence following an operation on the claimant's spine, held that the defendant surgeon had been in breach of duty in the advice given prior to the surgery taking place. There was, however, no evidence of causation or negligence in respect of the outcome of the operation.
Costs Interest. The Commercial Court held that an individual, against whom a non-party costs order had been made in earlier proceedings, would be ordered to pay interest on the claimants' costs at the rate of 3% above base rate.
Costs Order for costs. The Technology and Construction Court ruled on the appropriate order for costs, following its earlier judgment in respect of an action brought by Car Giant and another company, for damages for dilapidations, following the expiry of the defendant local authority's lease.