Litigation Personal Injury 2/6/98

Watson & anor v West Kent Health Authority – QBD 27 April 1998

Claimant: Daniel Watson, 8

Incident: Medical negligence

Injuries: Claimant, who sued through his mother, suffered brain damage after oxygen starvation during birth at Pembury Hospital, Tunbridge Wells in November 1989. He suffers from spastic quadriplegia, can only stand when supported and can only utter a few recognisable words. Liability admitted

Award: £1,390,000 agreed damages. Consideration being given to paying part of settlement into investment fund

Judge: Mr Justice Rougier

Plaintiffs' counsel: Christopher Gibson

Plaintiffs' solicitor: Leigh Day & Co

Pollard v Chief Constable of West Yorkshire – CA 28 April 1998

Claimant: Andrew Pollard, 29

Incident: Dog bite

Injuries: The claimant suffered a dog bite to the ear requiring extensive plastic surgery. The injury occurred after he was run to ground by a police dog before being apprehended by police investigating suspected vandalising of property in the middle of the night. Allowing an appeal by the police and quashing the award Justice Staughton said the people of West Yorkshire would be outraged if the Chief Constable were to say: "I cannot use dogs to track down young people who vandalise property in the middle of the night because of the risk one of them might be injured."

Award: £4,600 quashed

Judges: Lord Justice Peter Gibson; Lord Justice Henry;

Sir Christopher Staughton

Appellant's counsel: Simon Jack

Appellant's solicitor: West Yorkshire police solicitor

Peck v OJH Smith & Sons – QBD 28 April 1998

Claimant: Dawn Peck, 31 years

Incident: Fatal road accident

Injuries: Claimant's husband suffered fatal injuries while passenger in a car which crashed head-on with a tractor on the A14 in Cambridgeshire. At the time of his death he was 30. Liability admitted by owners of the tractor. Award to be shared between claimant and two daughters

Award: £750,000

Judge: Mr Justice Buckley

Plaintiff's counsel: Michael de Navarro

Plaintiff's solicitor: Prettys, Ipswich.