Litigation Personal Injury 5/8/97

Gibbings v Metropolitan Police – QBD 3 July 1997

Claimant: Frank Gibbings

Incident: Hearing loss

Injuries: Plaintiff, a former police sergeant, has suffered from tinnitus and hypersensitivity to noise for almost a decade since being medically retired from the Metropolitan Police. During his career he took part in firearms training courses and claims this was the initial cause of damage to his ears. During his last few months with the police he was posted to Heathrow Airport where he claims aircraft noise caused his hearing to deteriorate further

Award: £150,000

Judge: Judge William Crawford QC (sitting as deputy)

Plaintiff's counsel: Paul Kilcoyne

Plaintiff's solicitor: Russell Jones & Walker, WC

Sandwich v Eaton – QBD 4 July 1997

Claimant: Brenda Sandwich

Incident: Road traffic accident

Injuries: Plaintiff – married six months at time of accident – suffered massive orthopaedic injuries and brain damage with the result that she will need care for the rest of her life. She was hospitalised for 11 months after the accident, has grave mobility problems and lives in a specially converted bungalow with a full-time carer. Since the accident her marriage has broken down. Claim was against her former husband who was driving the vehicle in which the plaintiff was a passenger

Award: £1,089,000 (agreed damages)

Judge: Alliott J

Plaintiff's counsel: David Foskett QC

Plaintiff's solicitor: Bridge McFarland, Grimsby.

Decesare v Fairwater Catering Equipment – CA 24 July 1997

Incident: Personal injury

Appeal issue: Striking out of claim for want of prosecution

Appeal contentions: Plaintiff's appeal from an order of Judge Catlin, Milton Keynes County Court, on 11 July 1996, dismissing appellant's claim for damages for work-related personal injury for want of prosecution. Appellant contends judge was wrong in law in dismissing claim after having found as fact that after each of two occasions when appellant was guilty of inordinate and inexcusable delay, defendant had acquiesced in continuance of proceedings, participated in summonses for directions and led appellant to believe that the action would continue, whereby he incurred further considerable expense