Litigation Writs 29/11/99

Germany-based Munster, and Deutsche Angestellten Krankenkasse and Bundesversicherungsanstalt fur Angestellte, are suing Porthleven Harbour and Dock Co of London. The two German companies – statutory health and pension insurers – are suing for recovery of payments following an accident in 1996 involving Dietmar Klebon. Klebon was severely injured when part of a flagpole in the Cornish harbour fell off and hit him between the shoulder blades. The German insurers had to pay his medical costs and social benefits. They claim the harbour authority was negligent in failing to keep the flagpole in good repair and to inspect it regularly. They also claim the Health and Safety Executive had warned of the need to inspect the flagpole after it collapsed in 1994. In October 1997 the Harbour Authority pleaded guilty at Falmouth and Kerrier Magistrates to breaches of the Health and Safety at Work Act 1975 and was fined £6,000 with costs of £1,111.

Claim issued by Edward Lewis, London WC

The London Scottish Football Club has launched High Court action over its right to use Richmond Athletic Ground. London Scottish is seeking an injunction restraining Richmond Athletic Association from interfering with its use of the ground in Kew Foot Road, Richmond-upon-Thames. The club seeks a declaration that it is entitled to "enjoyment of the property" under the terms of a 1971 agreement, and damages for Richmond Athletic's alleged breach of that agreement. London Scottish is also asking the High Court to order London Scottish Rugby to provide it with a ground at Richmond, where London Scottish Football will have the right to field junior teams and undertake social events.

Claim issued by Eversheds, London EC

The Secretary of State is suing Rasaratnam Balarajan, of London W5, for possession of the ground and first floor in the southern part of South East House, St Bernard's Wing, Ealing Hospital, Ealing, and mesne profits until possession at the rate of £11,300 per year. It is alleged that Balarajan is occupying the premises for a business, and has not given up possession despite requests, remaining in the property as a trespasser.

Claim issued by Macfarlanes, London EC4,

Toshiba (UK) of Camberley, Surrey, is suing Richard Cottrell of Crowborough, East Sussex, and Edward Cottrell, who trades as Allweather Air Conditioning and Mechanical Services, for £40,501.31 for electrical goods supplied between October 1998 and July 1999, as well as interest of £2,326.64 and continuing interest of £7.96 a day.

Claim issued by Holmes Hardingham Walser Johnston Winter, London EC