Litigation Personal Injury 17/3/98

Oliver v Taylor QBD 2 February 1998

Claimant: Grant Oliver, 20

Incident: Road traffic accident

Injuries: Claimant was knocked off of cycle when 12 years old and suffered brain damage. It is now unlikely he will ever lead an independent life. Court told that lights were not fitted to cycle and there were no rear brakes. Damages awarded on the basis that he was old enough to ride on the roads and therefore had to take some responsibility for his own safety

Award: £425,000 agreed damages

Judge: Mr Justice Garland

Plaintiff's counsel: Augustus Ullstein QC

Plaintiff's solicitor: Dakers Green Brett

Jones v Jones QBD 2 February 1998

Claimant: Christian Jones, 25

Incident: Road traffic accident

Injuries: Claimant suffered severe head injuries when car driven by his father (defendant) crashed into another vehicle on an icy road in Norway. He has been left partially sighted, speaks with difficulty, has an impaired memory but is able to communicate through the use of a computer

Award: £1,208,924 agreed damages. Mother to receive £45,000

Judge: Anthony Tibber

Plaintiff's counsel: Iain Goldrein QC

Plaintiff's solicitor: Field Fisher Waterhouse

Farthing v North East Essex Health Authority CA 3 December 1998

Incident and appeal contentions: Defendant's appeal from order of Judge Bradbury, Colchester and Clacton County Court, 2 January 1997, that notwithstanding plaintiff had instituted proceedings outside limitation period prescribed by s11(4) of Limitation Act 1980 it was equitable to allow her action to proceed in exercise of discretion conferred by s33 of Act. Appellant contends judge wrong to exercise discretion not to apply primary limitation period under s33 in that having found that respondent's date of knowledge for purposes of s11 and s1 of act was in or about December 1981, failed to take into account that proceedings had not been commenced until August 1985, about 11 years outside limitation period prescribed by s11(4)