Student Case Blogs

/Student Case Blogs

If a car driver overtakes a motorcycle and crashes into him, is he liable for damages?

The facts of the case: Brown v Paterson [2010] EWCA Civ 184 The case involved a road traffic collision between a motorcyclist, Mr Brown, and a car driver, Dr Paterson. The incident occurred on 9 December 2004 at 9:50 pm on the A420 at a junction. In the original trial, [...]

By | 2019-12-10T15:40:08+00:00 December 10th, 2019|Student Case Blogs|

Is a dismissal unfair if the employer acted reasonably in coming to its decision?

Case: Chubb Fire Security Limited v Harper (1983) WL 216016 Facts Mr Harper was employed by Minimax as a sales representative in 1969. In 1973, Minimax amalgamated with two other companies to form, Chubb Fire Security Ltd. Under his initial contract of employment, Mr Harper worked on a commission-only basis, [...]

By | 2019-10-02T14:11:29+00:00 October 2nd, 2019|Student Case Blogs|

Minor Accidents at Work: Can you Claim for Tripping over a Stool?

Student lawyer Joanna Garvey-Smith assesses if the misplacement of a stool could breach workplace health and safety regulations in the case of Robinson v Midland Bank Plc [2000] 10 WLUK 748 and asks “If an employee is hurt in a seemingly trivial workplace accident such as tripping over a stool, are [...]

By | 2019-09-13T10:09:24+00:00 September 13th, 2019|Student Case Blogs|

Can a GP surgery be liable for the full extent of injuries following a late referral?

Case: Wright v Cambridge Medical Group (A Partnership) [2013] QB 312 Facts In 1998, the claimant, an 11-month-old child, contracted chickenpox. On 9th April, she was admitted to hospital with a high temperature, and developed a bacterial super-infection within a couple of days. However, this infection was not diagnosed by [...]

By | 2019-08-30T10:47:35+00:00 August 30th, 2019|Student Case Blogs|

Fatal Accidents and Psychiatric Injury: Is there Compensation for Survivors’ Guilt? 

Student lawyer Joanna Garvey-Smith assesses how the law categorises victims in the case of Hunter v British Coal Corp [1999] Q.B. 140; [1998] 2 WLUK 195 (CA (Civ Div)) and asks “If an employee is killed in a workplace accident, can a colleague seek compensation for psychiatric injury?” Background Hunter [...]

By | 2019-08-30T10:23:04+00:00 August 30th, 2019|Student Case Blogs|

Can a driver be found negligent if they hit a drunken pedestrian?

Stewart v Glaze [2009] EWHC 704 (QB) The facts of the case The claimant in the case, Mr Stewart, was struck by a car in the early hours of Saturday 25th September 2004, driven by the defendant in this case, Mr Glaze. The result of the road traffic accident was [...]

By | 2019-08-30T10:16:03+00:00 August 15th, 2019|Student Case Blogs|

Are doctors/midwifes in breach of duty if decision making causes injury and/or loss?

In this blog the case: JC v Birmingham Women’s NHS Foundation [2016] EWHC 1334 (QB) is explored. Facts: The claimant, M, brought a medical negligence claim due to the injuries sustained by her son, J, during childbirth. J’s injuries resulted in cerebral palsy and M had to have an emergency [...]

By | 2019-08-30T10:15:26+00:00 August 8th, 2019|Student Case Blogs|

Is There a Difference in the Standard of Care Required from Doctors Depending on their Seniority?

Student lawyer Sophie Timms looks at the case of: FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 Facts In the early hours of Monday 29th September 2003, the mother of a child phoned out-of-hours services due to the ill-health of her 13-month-old child. This resulted in a [...]

By | 2019-08-30T10:14:53+00:00 July 23rd, 2019|Student Case Blogs|

What is Classed as Gross Misconduct in the Workplace?

Qualified lawyer, Nazir Khan, looks at the case: Eastland Homes Partnership Limited v Cunningham UKEAT/0272/13 and asks "what is classed as gross misconduct in the workplace?" Gross misconduct relates to serious behaviour on the part of an employee. To determine what is, or is not, gross misconduct cannot be confined [...]

By | 2019-06-11T14:34:20+00:00 June 11th, 2019|Student Case Blogs|

Can Employers Use The Loss Of A Qualification As a Reason For Dismissal?

Student lawyer, Amir Ben-Shabat looks at the case of Tayside Regional Council (appellants) v. McIntosh (respondent) - [1982] IRLR 272 and asks "can employers use the loss of a qualification as a reason for dismissal?" Facts Mr McIntosh was recruited as a vehicle mechanic for Tayside Regional Council. The job advertisement [...]

By | 2019-09-02T11:17:36+00:00 June 7th, 2019|Student Case Blogs|