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Julian Waters Case List




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John Charles Roberts v Commissioner of Police of the Metropolis

CA (Civ Div) (Pill LJ, Patten LJ, McFarlane LJ) 3/04/2012


Summary:

A trial judge had erred in refusing to disapply the three-year limitation period under the Limitation Act 1980 s.33, in respect of a claim for personal injury alleged to have been caused in an assault by police officers, as his conclusion that the Commissioner of the Police of the Metropolis would have suffered prejudice if a claim had gone ahead was based more on assumption than evidence.


Bruce Dowson & 6 Ors v Chief Constable of Northumbria

[2010] EWHC 2612 (QB)


Summary:

 The court rejected allegations that a police detective chief inspector had been guilty of harassment within the meaning of the Protection from Harassment Act 1997 in relation to officers under his command.


Alan Armsden (Executor of the Estate of Rachael Cheesewright, Dec'd) v Kent Police

[2009] EWCA Civ 631


Summary:

A police force was 40 per cent contributorily negligent in relation to a fatal road traffic accident in which a police car had collided with another car at a junction, as a police officer's failure to use a siren had affected the speed at which it was safe for the police car to travel and had exacerbated the danger that there might be another car about to enter the junction.


Chief Constable of Hertfordshire v Van Colle; Smith v Chief Constable of Sussex

[2008] UKHL 50


Summary:

Conjoined appeals.  In the absence of special circumstances, the police owed no common law duty of care to protect individuals against harm caused by criminals.


Van Colle v Chief Constable of Hertfordshire

[2007] EWCA Civ 325; LTL 24/4/2007


Summary:

The Court of Appeal held that the police had been under a duty to take preventative measures to protect Giles Van Colle and had breached that duty.  They had therefore acted incompatibly with the European Convention on Human Rights 1950 Art 2.  The judge's damages award at first instance under the Human Rights Act 1998 s8 had been too high and should be reduced.


Painting v University of Oxford

LTL 3/2/2005; [2005] PIQR Q5; Times, February 15, 2005

Summary:

Where the claimant had been found to have intentionally exaggerated her claim, and on that basis the defendant could be viewed to have been the overall winning party despite having its payment into court beaten, the defendant was entitled to its costs since the court was bound to take into account the conduct of the parties and the absence by the claimant of any intention to settle the matter.


Clark v Chief Constable of Essex

LTL 20/9/2006 (unreported elsewhere)

Summary:

Where a claim in negligence against a defendant was based upon the principle of vicarious liability for the acts and omissions of a defendant


James v Butler

LTL 17/5/2005; [2005] EWCA Civ 1014

Summary:

Where the respondent general contractor’s mistaken belief that hand-tightening a screw would secure a rafter caused that rafter to fall and injure the appellant, the trial judge was not entitled to conclude that that belief was reasonable, since there was no evidence to establish that the mistake in carrying out that simple task was excusable.


W v Westminster City Council & Ors

LTL 21/2/2005; [2005] 4 All ER 96; [2005] EWHC 102

Summary:

Where a local authority had pleaded qualified privilege in defending itself and its social workers against a claim in defamation, the relationship between the social workers was an established one requiring free and frank communication on all relevant questions, and the fact that the information in the words was not verified could not take the care outside qualified privilege unless the defendants were deliberately publishing what they knew to be outside official guidance known to them. Although the publication was an interference with the claimant’s rights under the European Convention on Human Rights 1950 Art. 8, monetary compensation was not required to afford him just satisfaction.


Cannon v Cannon

[2005] EWHC 1310

Summary:

Perosnal Injury; assessment of damages in a 1.2m acquired brain injury case.


Cooper v Royal United Hospital Bath NHS Trust

LTL 6/10/2004; [2004] EWHC 3381

Summary:

The defendant NHS Trust had breached its duty of care to a patient as it had abandoned a preferred method of medical care for her medical condition without adequately advising the patient as to the risks of implementing an alternative method of medical care.


Booth v White

LTL 18/11/2003 (unreported elsewhere)

Summary:

The law did not require a passenger to question a driver as to how much alcohol he had consumed, and the judge was not wrong in the way he had determined the case.


Phillips v Metropolitan Police Commissioner

LTL 20/3/2003; [2003] EWCA Civ 382; Times, April 2, 2003

Summary:

The court should not exercise its discretion to order tirla by jury where there would have been a prolonged examination of documents which could not have conveniently been made with a jury.


Anderton v Clwyd County Council; and associated cases

LTL 3/7/2002; [2002] 1 WLR 3174 [CA]; [2002] 3 All ER 813; Times, July 16, 2002; Independent, July 11, 2002

Summary:

Construction and application of provisions in CPR Part 6 and CPR Part 7 in the light of Godwin v Swindon Borough Council and the Human Rights Act 1998.


Mirza & Anor v Bhandal

LTL 28/4/99 (unreported elsewhere)

Summary:

The owner of a property who had arranged for another to take on work, but not taken on work himself, was subject to a duty which required that a dwelling be fit for habitation upon completion.


Garrett v Wilson Davies & Co

LTL 2/10/98 (unreported elsewhere)

Summary:

The judge, in calculating damages due to the plaintiff, had made full allowance for any incapacity that the plaintiff had suffered. Furthermore, there was ample evidence to support the judge’s finding that the plaintiff had made insufficient efforts to find work.


Gates v McKenna

LTL 18/8/98; [1998] Lloyd’s Rep Med 405; (1999) 46 BMLR 9

Summary:

Claim for damages by a person who had been hypnotised on stage and had subsequently suffered from schizophrenia.