Litigation Writs 19/12/95

A widow whose husband died in a building site accident is suing Axa Insurance Co, of Cardiff. Rose Smith, of Blackheath, London, is seeking damages in respect of the death of her husband Charles Smith who died on 31 January 1989 after falling 15 feet from scaffolding on 18 January. The accident happened while he was working on a site in London W1. The scaffolding had been erected by Advanced Plant, which Mrs Smith had sued successfully and been awarded £76,316 with £11,042 costs. However, Advanced Plant, which was insured by Axa, was wound up on 19 July this year and Mrs Smith now claims in her writ that she is entitled to enforce the award against Axa. It claims that the company has refused to pay her the amount of the judgment.

Writ issued by Braund & Fedrick, London SE18.

David Lambert, who sues through his next friend Claire Lambert, of Bognor Regis, has issued a writ against South West Thames Regional Health Authority claiming damages for personal injuries as a result of an incident on 15 November 1992, which he blames on alleged negligence in the maintenance, management and repair of Graylingwell Hospital, Chichester. He is also suing over the management and care of patients in the authority's charge.

Writ issued by White & Bowker, Winchester. L1606.

Rank Leisure is suing Maher Entertainments and Javed Majid, both of Yarm, Cleveland, seeking an order restraining them from operating a nightclub at the Tall Trees Hotel and Country Club, Yarm. Damages are also sought. The writ claims terms of a written agreement made in February this year between Rank and the defendants have been breached.

Writ issued by Richards Butler, London EC3. R1376.

Dutch-based ABN Amro Bank NV, of Amsterdam, has issued a writ claiming £2,534,372 from Plymouth City Council. It alleges that the money is due under a written guarantee given by the council in September 1989, and amended by a letter dated 1 June 1993, and a property sale arrangement deed dated 27 April 1995 between the bank, the council, and City Homes (UK). However, it alleges that the payment remains outstanding despite a letter on 13 October this year requesting payment.

Writ issued by Pinsent Curtis, Birmingham. A2238.