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Personal Injury Pleadings 4th edition
December 2008 FeaturesSupplying everything you need for settling pleadings in personal injury claims, Personal Injury Pleadings:
Contents
ReviewsCompresses years of practical experience into an accessible format - a lawyer who expects to draft any personal injury pleading needs ready access to this book.
Complete contents listChapter 1—General Principles of Personal Injury Pleadings1. The Original Woolf Proposals in Respect of Pleadings 2. “Access to Justice”—the Final Report 3. Principles 4. The Pre-Action Protocols 5. Requirements of the Civil Procedure Rules for Pleadings Forms Examples of Relevant Endorsements on Claim Forms Claim by Customer against Occupiers of Superstore for Injuries Caused by Slipping on Yogurt on Floor Completion and Conclusion of Claimant’s Statement of Case Schedule of Past and Future Losses and Expenses Position Statement on Lump Sum/Periodical Payment Order Defence to Form F1–002 Counter Schedule of Past and Future Losses and Expenses Request by Defendant Store Occupiers for Further Information Response: Further and Better Information in Answer to the Defendants’ Request in Form 1–007 Using Alternative Form of Response Request for Information (Claim by Customer against Occupiers of Superstore for Injuries Caused by Slipping on Yogurt on Floor) Response: Further Information form Defendants (Claim by Customer against Occupiers of Superstore for Injuries Caused by Slipping on Yogurt on Floor) Limitation Foreman Bricklayer Working with Chemicals Developed Occupational Asthma: Late Diagnosis and Date of Knowledge Pleaded: Pre-Dating Control of Substances Hazardous to Health Regulations 1988 Limitation Raised, Defence to Form F1–012 Reply to Defence in Form F1–013 Claim by Lagger for Provisional Damages for Asbestosis
Legislative Provisions Limitation Act 1980 ss.10, 11, 11A, 12, 14, 14A, 14B, 28, 33 Fatal Accidents Act 1976: ss.1–5 Law Reform (Miscellaneous Provisions) Act 1934 ss.1 Law Reform (Contributory Negligence) Act 1934 ss.1 Civil Evidence 1968 s.11 Supreme Court Act 1981 ss.32–35A County Courts Act 1984 s.51 Damages Act 1996 ss.1–3 Civil Procedure Rules Part 7.4 and paras 3.6, 3.8, 6.1–7.3 Part 14 and Practice Direction Part 15 and Practice Direction Part 16 and Practice Direction Part 18 and Practice Direction Part 20 and Practice Direction Part 21.10 and Practice Direction paras 5.1–7.4 Part 22 and Practice Direction Part 41.1–41.7 and Practice Direction The Damages (Variation of Periodical Payments) Order Pre-action Protocol for Personal Injury Claims The Pre-action Protocol for Disease and Illness at Work Claims Chapter 2—Amendment of PleadingsForms Amended Particulars of Claim: (simple short amendments) Amended Particulars of Claim: (complex amendments to be marked) Legislative Provisions Limitation Act 1980 s.35 Chapter 3—Liability for Injuries Caused by AnimalsIntroduction Forms Claimant Injured by Unpredictable and Dangerous Horse Claimant Employee of First Defendant who was Owner of Vicious Dog. Second Defendant Vet. Dog Operated Upon by Second Defendant, Subsequently Bit Claimant Whilst Helping to Carry the Dog at First Defendant’s Request. No Warning Given About Anaesthetic or Muzzling Claimant Barmaid Injured when Defendant’s Mischievous Dog Ran into her Causing her to Fall Minor Riding Horse, Fell Off and Trampled on by another Horse at Riding School Legislative Provisions Animals Act 1971 Chapter 4—Assaults and Trespass to the PersonForms Assault and False Imprisonment Claimant Assaulted in His Home: Aggravated Damages Sought Claimant Assaulted By Store Security Guard: Aggravated Damages Claimed Parking Inspector Injured by Defendant Driving Motor Car into him Vicarious Liability—Claim by Child against School as Employers of Housemaster for Sexual Abuse where Negligence not Alleged Chapter 5—Clinical Negligence
1. Basic Considerations in Pleading Clinical Negligence Cases 2. Miscellaneous Notes Forms Child Claimant Left with Scarring after Cyst Excised from Leg; Wound Infected; Stitches Left in for Too Long Claimant with Aortic Aneurysm which General Practitioner, Casualty Officer and Orthopaedic Department Failed to Diagnose Claimant Suffered Foot Drop Following Gynaecological Operation During which Feet were Placed in Stirrups; Failure to Treat Promptly Operating Staff Mistook Bile Duct for Cystic Duct; Further Operation Required Claimant Conceived Child Following Sterilisation Operation; Claimant Not Told of the Failure Rate Claimant with Psychological Condition Fell in Hospital Fracturing Femur; Fracture Undetected; Three Operations Required Leaving Claimant Permanently Disabled Failed Sterilisation Operation: Partial Occlusion of Tubes Doctor Failing to Diagnose Acute Bowel Obstruction Claim against an Optician for Negligent Treatment Patient Developing Claw Toes after Negligent Treatment of Leg Fracture Negligent Treatment of Wound by Surgeons Resulting in Extensive Infection, Reaction to Antibiotics, Colitis, and Eventual Need for Colostomy Negligent Diagnosis and Treatment of Disc Prolapse by GP, Resulting in Permanent Impairment in Sensation Below Waist Claim by Mother of Violent Psychiatric Patient for Injuries Sustained in Claim Against Specialist Orthopaedic Staff on Behalf of Child Claimant: Claim by Patient Being Treated for Lump in Breast: Negligent Surgery Resulting in Failure to Remove Lump and Unsightly Scarring; Need for Second Operation Claim by Mother for Negligent Treatment at Childbirth: Patient who had Claim by Child for Damages for Scarring Caused by Negligent BCG Injection Model Form of Order in YM (A Child & Patient by her Mother & Litigation Friend EH) v Gloucestershire Hospitals NHS Foundation Trust and others; Claim in Respect of Injuries to Mother and Death of Baby During Birth: Excessive Force in use of Keillens Forceps Legislative Provisions Pre-action Protocol for the Resolution of Clinical Disputes Medical Act 1983 ss.1, 2, 30, 34, 47 and 48 National Health Service Act 1977 ss.1, 2 and 3 Dentists Act 1984 ss.1, 2, 14, 15, 37, 38, 39, 40 and 41 Chapter 6— Employers’ Liability Under Pre-1992 or other Obsolescent Regulations1. Introductory Note Forms Asbestos Shipyard Worker Developing Pleural Plaques from Inhalation of Asbestos Contrary to the Ship Building and Ship Repairing Regulations1960 Prior to May 14, 1970 (Claiming Provisional or Alternatively Full and Final Damages) Machine Operator Developing Asbestosis from Inhalation of Asbestos Contrary to the Factories Acts 1937 and 1961 before May 14, 1970 (Claiming Provisional or Alternatively Full and Final Damages) Construction Worker Developing Asbestosis due to Exposure to Asbestos Contrary to the Building (Health, Safety and Welfare) Regulations 1948 and/or the Construction (General Provisions)Regulations 1960 and the Construction (Working Places) Regulations 1966 Prior to May 14, 1970 (Claiming Full and Final Damages Alone) Living Lagger Developing Mesothelioma due to Exposure to Asbestos Deceased Docker who Died Testate of Mesothelioma due to Exposure to Asbestos Contrary to the Common Law and/or the Occupiers’ Liability Deceased Mill Worker who Died Intestate of Mesothelioma due to Exposure to Asbestos Contrary to the Asbestos Industry Regulations 1931(also Seeking a Direction Under s.33 of the Limitation Act 1980 to Allow Asthma Bricklayer Working with Chemicals Developed Occupational Asthma Industrial Deafness Factory Worker: Industrial Deafness from Noise Vibration Induced White Finger Disease Tunnel Worker Working with Percussion Instruments Development VWF Construction (Health, Safety and Welfare) Claim against an Employer for Damages for Injuries Caused due to Falling Down an Open Manhole, in Negligence and Relying on the Construction (Health, Safety and Welfare) Regulations 1996 Claim Against an Employer for Damages for Injuries Caused by a Fall from Scaffolding, in Negligence and Relying on a Number of the Construction (Health, Safety and Welfare) Regulations 1996 Claim against an Employer for Damages for Injuries Suffered in a Fall from an Unsecured Ladder, in Negligence and Relying on the Construction (Health, Safety and Welfare) Regulations 1996 Claim against an Employer for Damages for Injuries Suffered Relying on the Construction (Health, Safety and Welfare)Regulations 1996 Roofer using Unsuitable Roof Ladder Injured in Fall from Roof Relying on General Labourer Laying Pipes without Assistance Despite Request: Relying on the Construction (Health, Safety and Welfare)Regulations 1996 Trainee Plasterer Injured by Mobile Tower: Breach of the Construction Surveyor Fatally Injured by Falling into Unlit and Unguarded Excavation: Relying on the Construction (Health, Safety and Welfare)Regulations 1996 Claim against an Employer for Damages for Injuries Caused by Object Defences Defence to a Claim for Non-Malignant Asbestos Condition Defence to a Fatal Claim for Malignant Asbestos Condition Defence: Injury from Ladder Slipping on Slippery Floor Legislative Provisions Factories Act 1937 ss.1, 4, 26, 47, 103, 106, 107, 108, 151, 152 Factories Act 1961 ss.1, 4, 29, 63, 123, 126, 127 Asbestos Industry Regulations 1931 Asbestos Regulations 1969 Employer’s Liability (Defective Equipment) Act 1969 ss.1, 2 Construction (General Provisions) Regulations 1966 regs 1, 2, 3, 20, 21 Construction (Working Places) Regulations 1961 regs 1, 2, 3, 6 Shipbuilding and Ship-repairing Regulations 1960 regs 1, 2, 3, 4, 48, 51, 53, 76 The Construction (Health, Safety and Welfare) Regulations 1996 Compensation Act 2003 s. 3 Chapter 7— Post-1992 Employers’ LiabilityIntroduction Forms Management of Health and Safety at Work Regulations 1999 Specimen Allegations for Breach if to be Added to Specific Pleadings Below Health and Safety (Display Screen Equipment) Regulations Claim Alleging Epilepsy Caused to Word-Processor Operator by Repetitive Work at VDU: Breach of Health and Safety (Display Screen Equipment) Regulations 1992 Claim Against Employer for Damages for Repetitive Strain Injury due to Data Processing, in Negligence, and Relying on the Health and Safety (Display Screen Equipment) Regulations 1992 and the Workplace (Health, Safety and Welfare) Regulations 1992 Manual Handling Operations Regulations Nurse Injured Lifting Patient: Breach of Manual Handling Operations Regulations 1992 Cardboard Inspector Suffered Carpal Tunnel Syndrome by Repetitive Work: Breach of the Manual Handling Operations Regulations 1992 Claim by Labourer in Respect of Hernia Allegedly Caused by Lifting Heavyweight Claim Against an Employer for Damages for Injuries Caused by Unsafe Place of Work and Unsafe System of Work, in Negligence and Contrary to the Manual Handling Operations Regulations 1992 and the Work at Height Regulations 2005 Claim Against an Employer For Damages in Negligence for Injuries due to Unsafe System of Work and Negligent Fellow Employee in a Manual Handling Operation Control of Substances Hazardous to Health Regulations Foreman Bricklayer Developing Occupational Asthma: Breaches of the Control of Substances Hazardous to Health Regulations 2002 and the Workplace (Health, Safety and Welfare Regulations) 1992 Personal Protective Equipment at Work Regulations Claim Against an Employer for Damages for Injuries Sustained due to Burns from Molten Metal in Negligence and Contrary to the Personal Protective Equipment at Work Regulations 1992, regs 4, 9 and 10 Die-caster Splashed by Molten Metal: Breach of Personal Protective Equipment at Work Regulations 1992 and the Workplace (Health, Safety and Welfare) Regulations 1992 Claim Against an Employer for Damages for Injuries due to Particle Flying into Eye in Negligence and Contrary to the Personal Protective Equipment Regulations 1992, regs 4, 6 and 7 Provisions and Use of Work Equipment Regulations Laundry Manager’s Hand Caught in Roller of Sheet Press; Post-1998 Case: Breach of Provision and Use of Work Equipment Regulations 1998 Claim Against Employer for Damages for Injuries Sustained In Gaps Between Dangerous Parts of Unfenced Machine, in Negligence and Contrary to the Provision and Use of Work Equipment Regulations 1998, regs 9 and 11 Factory Worker Injured by Rotating Metal Teeth on Glass Hopper; Post-1998 Case: Breach of Provision and Use of Work Equipment Regulations 1998 Jig Maker’s Finger Injured in Circular Saw; Post-1992 Case: Breach of Provision and Use of Work Equipment Regulations 1992 Trainee Hairdresser Burned by Defective Lamp: Claim Alleging Breach of the Provision and Use of Work Equipment Regulations 1998 and the Electrical Equipment (Safety) Regulations 1994 Ordnance worker Injured by Beryllium Dust; Breach of Provision and Use of Work Equipment Regulations 1998 and the Workplace (Health, Safety and Welfare) Regulations 1992 and Failure to Provide Proper Medical Care Claim against an employer for damages for injuries sustained as a result of piece of grinding wheel being ejected into eye, contrary to the Provision and Use of Work Equipment Regulations 1998 and the Personal Protective Equipment at Work Regulations 1992 and Relying on the Employers Liability (Defective Equipment) Act 1969 Operator’s hand crushed by power press; breach of Provision and Use of Work Equipment Regulations 1998 Claim Against Employer for Damages for Injuries Sustained as a Result of Unsafe System of Work, Insufficient Plant and Equipment and Inadequate Training, Contrary to the Provision and Use of Work Equipment Regulations 1998 and in Breach of the Lifting Operations and Lifting Equipment Regulations 1998 and in Negligence Claim Against Employer for Damages for Injuries Sustained as a Result of Unsafe System of Work, Insufficient Plant and Equipment and Inadequate Training, Contrary to the Provision and Use of Work Equipment Regulations 1998 and in breach of the Lifting Operations and Lifting Equipment Regulations 1998 and Work at Height Regulations 2005 and in negligence Claim for damages against employer for injuries sustained when the seat on which he was sitting collapsed, contrary to the Provision and Use of Work Equipment Regulations 1998 and the Workplace (Health, Safety and Welfare) Regulations 1992 Claim for injuries sustained while trying to repair machinery, in breach of the Provision and Use of Work Equipment Regulations 1998 Claim against employer for damages for injuries caused by defective equipment, in negligence and for breach of the Provision and Use of Work Equipment Regulations 1998 and the Employers Liability (Defective Equipment) Act 1969 Claim against an employer for provisional damages due to dangerous condition of lorry, in negligence, relying on the Employers Liability (Defective Equipment) Act 1969, s.1, and relying on the Occupiers’ Liability Act 1957, s.2 and the Provision and Use of Work Equipment Regulations 1992, regs 5, 6 and 12 and Work at Height Regulations 2005 reg.10 Technician injured by blades falling out of mitre saw contrary to the Provision and Use of Work Equipment, regs 4, 5, 6, 11 and 12 Injury from ladder slipping on slippery floor relying on the Workplace (Health, Safety and Welfare) Regulations 1992, the Work at Height Regulations 2005 and the Provision and Use of Work Equipment Regulations 1998 Caretaker injured by slipping ladder relying on the Provision and Use of Work Equipment Regulations 1998 and the Work at Height Regulations 2005 Workplace (Health, Safety and Welfare) Regulations Claim Against Employer for Damages for Contracting Dermatitis or Similar Condition, in Negligence and Contrary to the Personal Protective Equipment at Work Regulations 1992 and the Workplace (Health, Safety and Welfare) Regulations 1992 Nurse in Hospital Tripping Over ECG Wires Alleging Breach of the Workplace (Health, Safety and Welfare) Regulations 1992 Manageress of Shop Injured when Step Stool Wobbled Causing Fall, Alleging Breach of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Work at Height Regulations 2005 and in Negligence Claim Against Employer for Damages for Injuries Sustained due to Defective Step/Floor in a Factory, in Negligence and Contrary to the Workplace (Health, Safety and Welfare) Regulations 1992 and the Provision and Use of Work Equipment Regulations 1998 Claim Against Employer for Damages for Injuries Sustained due to Slipping on Liquid on Floor in Factory, in Negligence (Including of Fellow Employees) and Contrary to the Workplace (Health, Safety and Welfare) Regulations 1992 and the Personal Protective Equipment at Work Regulations 1992 Claim Against Employer for Injuries Sustained in Factory due to Tripping over Raised Edge, in Negligence and Contrary to the Workplace (Health, Safety and Welfare) Regulations 1992 Claim Against Factory Occupier other than the Claimant’s employer, for Damages for Injuries Sustained due to Treading on an Object Lying on the Floor, in Negligence and Contrary to the Workplace (Health, Safety and Welfare) Regulations 1992 Claim Against Employer for Damages for Injuries Sustained due to the Effect of Obstruction in Yard on the Steering of a Fork Lift Truck, in Negligence and Contrary to the Workplace (Health, Safety and Welfare) Regulations 1992 Fork Lift Truck Driver Drove Over Plastic Drum which Burst and Sprayed Corrosive Liquid: Breaches of Workplace (Health, Safety and Welfare) Regulations 1992 Machine Assistant Injured by Fork Lift Truck Driven by Fellow Employee Factory Worker Fell Into Pit and Injured by Machinery: Breach of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Work at Height Regulations 2005 Draughtsman Fell Down Unguarded and Unlit Drop Waitress Slipping on Highly Polished Floor Relying on the Workplace (Health, Safety and Welfare) Regulations 1992 and the Occupiers’ Liability Act 1957 Factory Worker Slipping on Ice/Snow at Exit to Factory Relying on the Workplace (Health, Safety and Welfare) Regulations 1992 Fireman Slipping on Highly Polished Stairs Relying on the Workplace (Health, Safety and Welfare) Regulations 1992 and the Occupiers’ Liability Act 1957 Factory Clerk Injured by Exposed Metal Strip on Stairs Relying on the Workplace (Health, Safety and Welfare) Regulations 1992 and the Occupiers’ Liability Act 1957 Diseases and Conditions Claim Against an Employer for Damages due to Occupational Exposure to Asbestos in Negligence and Breach of the Control of Asbestos at Work Regulations 1987 Claim Against an Employer for Damages due to Occupational Exposure to Asbestos in Negligence and Breach of the Control of Asbestos at Work Regulations 2002 Claim Against an Employer for Damages due to Occupational Exposure to Asbestos in Negligence and Breach of the Control of Asbestos Regulations 2006 Claim Against an Employer for Damages for Noise Induced Deafness, in Negligence and Contrary to the Noise at Work Regulations 1989, regs 4, 6, 7, 8, 9 and 11 Claim Against an Employer for Damages for Noise Induced Deafness, in Negligence and Contrary to the Noise at Work Regulations 1989 and the Control of Noise at Work Regulations 2005 Claim Against an Employer for Damages for Hand Arm Vibration Syndrome (‘HAVS’), in Negligence, Contrary to the Control of Vibration at Work Regulations 2005, and Earlier Applicable Regulations Claim for Excessive Exposure to Radiation Contrary to the Ionising Radiations Regulations 1999, regs 8, 10, 11, 14 and 26 Claim for Provisional Damages for Exposure to a Biological Agent (HIV) Relying on Schedule 3 Part 1 of the Control of Substances Hazardous to Health Regulations 1999 Claim for Provisional Damages for Exposure to a Hazardous Substance Claim for Exposure to Lead Relying on the Control of Lead at Work Regulations 1998 Construction (Design and Management) Regulations Claim Against an Employer for Damages for Injuries Caused due to Falling Down an Open Manhole, in Negligence and Relying on the Construction (Design and Management) Regulations 2007 Claim Against an Employer for Damages for Injuries Caused by a Fall from Scaffolding, in Negligence and Relying on a Number of the Construction (Design and Management) Regulations 2007 and the Work at Height Regulations 2005 Claim Against an Employer for Damages for Injuries Suffered in a Fall from an Unsecured Ladder, in Negligence and Relying on the Construction (Design and Management) Regulations 2007 and the Work at Height Regulations 2005 Claim Against an Employer for Damages for Injuries Suffered Relying on the Construction (Design and Management) Regulations 2007 Claim Against an Employer for Damages for Injuries Suffered During Emergency Exit Relying on the Construction (Design and Management) Regulations 2007 Roofer Using Unsuitable Roof Ladder Injured in Fall from Roof Relying on Construction (Design and Management) Regulations 2007 General Labourer Laying Pipes Without Assistance Despite Request: Relying on the Construction (Design and Management) Regulations 2007 Surveyor Fatally Injured by Falling into Unlit and Unguarded Excavation: Relying on the Construction (Design and Management) Regulations 2007 F7–063 Claim Against an Employer for Damages for Injuries Caused by Object Falling from Scaffolding Relying on the Construction (Head Protection) Regulations 1989 and the Construction (Design and Management) Regulations 2007 Miscellaneous Precedents Claim by Employee Injured by Load Falling from Crane Relying on the Lifting Operations and Lifting Equipment Regulations 1998, regs 4, 7, 8, 9 and the Provision and Use of Work Equipment Regulations 1998, regs 4, 5, 6, 8, 9 and 12 and the Work at Height Regulations 2005 reg.10 Claim Against an Employer for Damages for Injuries Caused by Electric Shock, in Negligence and Relying on the Electricity at Work Regulations 1989, regs 7 and 12 and the Electrical Equipment (Safety) Regulations 1994, reg.5 Claim Against an Employer for Damages for Injuries Caused by Burns, in Negligence and Relying on the Gas Safety (Installation and Use) Regulations 1998, regs.3, 4, 5, 6, 8, 35 and the Workplace (Health, Safety and Welfare) Regulations 1992 Claim Against an Employer for Damages for Injuries Caused by the Failure of a Chair, in Negligence (Unsafe Plant and Equipment and Unsafe System of Work and Negligent Fellow Employee Relying on the Employers’ Liability (Defective Equipment) Act 1969, s.1) and the Workplace (Health, Safety and Welfare) Regulations 1992 Domestic at a Hospital Injured by Hypodermic Needle Projecting from Refuse Bag, Relying on the Workplace (Health, Safety and Welfare) Regulations 1992, regs 5 and 9 and the Occupiers’ Liability Act 1957 Nursing Assistant Attacked by Violent Patient Fitter Injured by Pipe from Hydraulic Pressure System Blowing Apart, Relying on the Pressure Systems Safety Regulations 2000 Claim by a Dock Worker for Injuries Sustained whilst Unloading Cargo: Breach of Docks Regulations 1988 Claim by Merchant Seaman for Injuries Sustained whilst Working Afloat: Breach of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 2007 Claim by Dock Worker for Injuries Sustained whilst Unloading Fish: Breach of the Loading and Unloading of Fishing Vessels Regulations1988 Train Driver Injured due to Collision with Buffer Stops: Breach of the Railway Safety (Miscellaneous Provisions) Regulations 1997, the Provision and Use of Work Equipment Regulations 1998, and the Railway Safety Regulations 1999 Mines and Quarries Mine Deputy Injured by Metal Pipes Slipping from a Cage Relying on the Management and Administration of Safety of Health at Mines Regulations 1993 Collier Injured when Foot went Through Damaged Cover Board Relying on the Mines (Safety of Exit) Regulations 1988 Deputy at Coal Mine Injured by Falling Rock/Stone Relying on the Management and Administration of Safety and Health at Mines Regulations 1993 the Mines (Safety of Exit) Regulations 1988 and the Mines (Control of Ground Movement) Regulations 1999 Face worker at Mine Slipping on Rollers Concealed by Slurry Relying on the Management and Administration of Safety and Health at Mines Regulations 1993 and the Mines (Safety of Exit) Regulations 1988 Collier Struck by Stone Falling from Roof Underground Relying on the Management and Administration of Safety and Health at Mines Regulations 1993 and the Mines (Control of Ground Movement) Regulations 1999 Haulier Injured Falling into Coal Chute; Relying on sections 86 and 87 of the Mines and Quarries Act 1954 Quarry Worker Injured by Falling Rock Relying on the Quarries Regulations 1999 regulations 6, 12, 30 and 32 Defences: post–1992 Regulations and general employers’ liability Defence: Standard Allegations Commonly Encountered Defence Admitting Negligence and Some Damage Defence Admitting Negligence but not Damage Defence Denying Negligence and Damage Defence to Data Processing Claim Denying Causation, Alleging Proper System of Breaks and Changes of Activity, and Relying Upon Guidance Notes: Defence to Form F7–002 Nurse Injured Lifting Patient: Defence Alleging Steps Taken so far as Reasonably Practicable to Avoid the Need for Manual Handling; and in the Alternative, Alleging Suitable and Sufficient Assessment of Operations and Taking of Appropriate Steps to Reduce Risk: Defence to Form F7–003 Labourer Injured when Pallet Used as a Step Broke; Breach of Workplace (Health, Safety and Welfare) Regulations 1992 alleged; Defence Denying Application of Regulations and Alleging Contributory Negligence: Defence to Claim Similar to Form F7–032 Laundry Manager’s Hand Caught in Roller of Sheet Press; Denying Application of Regulations and Alternatively Maintaining that a Guard was Provided: Defence to Form F7–013 Dye Caster Splashed by Molten Metal; Defence Under Personal Protective Equipment at Work Regulations Alleging Provision of Suitable Personal Protective Equipment, Information, Instruction and Training: Defence to Form F7–011 Defence Admitting Applicability of Regulations and Denying Negligence and Breach of Statutory Duty and Alleging the Taking of Reasonably Practicable Steps to Ensure Safety Under Workplace (Health Safety and Welfare) Regulations Defence Admitting Applicability of Regulations and Admitting Fact and Circumstances of Accident, Asserting it to have been the Fault of the Claimant for Breach of Statutory Duty Defence Alleging that the Injury at an Unfenced Machine was due to an Uncovenanted Stroke that was Unforeseeable or Alternatively due to Latent Defect of the Machine: Defence to Claim Similar to Form F7–015 Defence Denying that Weight Manoeuvred was Excessive or Likely to Cause Injury and Alleging that Injury was due to an Unknown Weakness or Susceptibility of Claimant: Defence to Form F7–006 Defence Denying Liability for a Slipping Accident and Alleging that the Accident was due to Independent Contractors Reasonably Entrusted to Cleaning Task in Hand: Defence to Form F7–034 Defence Denying Negligence and Breach of Statutory Duty, and Alleging the Taking of All Reasonably Practicable Steps to Ensure Safety and Alleging Contributory Negligence for Failure to Keep a Look out: Defence to Form F7–034 Defence Alleging Volenti Non Fit Injuria and Contributory Negligence and Breach of reg.14 of the Management of Health and Safety at Work Regulations 1999 Against the Claimant for Having Deliberately Removed the Guard Over a Dangerous Part of Machinery: Defence to Claim Similar to Form F7–013 Defence Denying Liability and Alleging Accident due to Deliberate act of a Fellow Employee Acting Outside the Course of his Employment: Defence to Form F12–039 Defences: employers’ liability (other than cases involving the 1992 Regulations) Defence to Claim by Engineer Allegedly Injuring Back while Trying to Close Stiff Door on Lift Injury from Ladder Slipping on Slippery Floor Draughtsman Falling Down Unguarded and Allegedly Unlit Drop—Defence Alleging that all Reasonably Practicable Steps had been Taken Foreman Killed by Fellow Employee’s Alleged Negligent Driving of Earth Moving Machine Boiler Maker Injured by Spanner used by Fellow Employee; Denial that Employee was also Employed by the Defendants; Allegation that Employee was Employed by Another Company Explosion Causing Fatal Accident: Widows Claim Under Fatal Accidents Act—Defendants Denying Causation and Alleging Contributory Negligence by Deceased Defence to Claim Against an Employer for Damages for Injuries Suffered in a Fall From an Unsecured Ladder Alleging Contributory Negligence and Breach of Statutory Duty Relying on the Construction (Design and Management) Regulations 2007 reg.14 and the Work at Height Regulations 2005 reg.14: Defence to Form F7–058 Defence to Claim Against an Employer for Damages for Noise induced deafness denying causation and alleging breach of statutory duty and Contributory Negligence Contrary to the Control of Noise at Work Regulations 2005 reg.8 and Management of Health and Safety at Work Regulations 1999 reg 14: Defence to Form F7–050 Legislative Provisions Management of Health and Safety at Work Regulations 1999 Workplace (Health, Safety and Welfare) Regulations 1992 Personal Protective Equipment at Work Regulations 1992 Manual Handling Operations Regulations 1992 Health and Safety (Display Screen Equipment) Regulations 1992 Lifting Operations and Lifting Equipment Regulations 1998 Control of Substances Hazardous to Health Regulations 2002 Construction (Design and Management) Regulations 2007 Work at Height Regulations 2005 Construction (Head Protection) Regulations 1989 Control of Noise at Work Regulations 2005 Control of Asbestos at Work Regulations 2006 Control of Lead at Work Regulations 1998 Control of Vibration at Work Regulations 2005 Electricity at Work Regulations 1989 Electrical Equipment (Safety) Regulations 1994 Gas Safety (Installation and Use) Regulations 1998 Subordinate Provisions Pressure Systems Safety Regulations 2000 Docks Regulations 1988 Railway Safety (Miscellaneous Provisions) Regulations 1997 Railway Safety Regulations 1999 Ionising Radiations Regulations 1999 Loading and Unloading of Fishing Vessels Regulations 1988 Merchant Shipping and Fishing Vessels (Health and Safety at Work) Mines and Quarries Act 1954 ss.86–88 Mines (Safety of Exit) Regulations 1988 Management of Safety and Health at Mines Regulations 1993 Mines (Control of Ground Movements) Regulations 1999 Quarries Regulations 1999 Chapter 8—Fatal Accidents ClaimsIntroductory Note Forms Claim on Behalf of the Estate of Car Passenger Killed in Road Traffic Accident (Civil Partners and Their Children, Adaptable for Married Spouses) Claim on Behalf of the Estate of Pillion Passenger Killed in Road Traffic Accident Doctor Failing to Diagnose Acute Bowel Obstruction Chapter 9—Highway Authorities’ and Public Utilities’ Liability1. Highways: Matters to be Pleaded Forms Claims Pedestrian Injured Falling Down Unlit Steps as a Result of Water Authority Severing Power Cable to Street Lighting—Highway Authority and Water Authority Sued Claimant Injured in Trip on Defective Steps in Highway; Breach of s.41 Highways Act 1980 Claimant Injured in Trip Over Manhole Cover Projecting Above Level of Road Surface at Roundabout Claimant Injured on Broken, Uneven and Slippery Footpath Claimant Injured in Fall Over Concrete Bollard Left on Pathway; Electricity Board Joined as Second Defendants Claimant Injured in Walking Into/Over Metal Fence Which Had Fallen Over Pathway Claimant Injured in Fall Over Projecting Tree Stump Left in Pavement Claimant Injured as a Result of Bad Construction, etc., of Paved Area—too Steep for Pedestrians and in Breach of British Standard Child Cyclist Skidding on Loose Chippings Caused by Defendants’ Road Repairs: no Warning Of Hazard Claimant Falling into Hole in Road Made by Independent Contractors’ Excavations: Alternative Claim Against Housing Authority as Occupiers Open Air Street Market; Claimant Injured in Trip on Rope or Cord Left on Highway by Third Defendant Market Stall Holder; Second Defendants Organisers of Market with Consent of First Defendants Highway Authority F9–011 Claimant Injured in Fall Caused by Pothole in Surface of Pavement Road Accident Caused by Ice: Defendant Highway Authority Failing to Salt or Grit Road Claimant Injured by Fall Over Dwarf Wall Extending Across Part of Highway Defences Defence to Claim in Simple Highway Tripping Case: Statutory Defence Pleaded Claimant Injured in Trip on Steps in Highway; Denial of Breach of Statutory Duty of Significant Danger: Statutory Defence Under s.58(1) of the Highways Act 1980 Pleaded: System of Inspection Relied Upon: Contributory Negligence Alleged: Defence to Form F9–002 Claimant Injured in Trip on Steps in Highway: Denial of Breach of Statutory Duty or Significant Danger: Fault on Part of Water Authority as Statutory Undertaker Pleaded: Contributory Negligence Alleged: Alternative Defence to Form F9–002 Claimant Motor Cyclist Injured in Collision with Manhole Cover Projecting Above Level of Road Surface at Roundabout: Defence Alleging Vandalism: Defence to Form F9–003 Road Accident Caused by Ice: Defence Alleging Prompt Action Taken by Highway Authority: Defence to Form F9–01 Claimant Injured in Trip on Steps in Highway: Denial of Breach of Statutory Duty or Significant Danger: Defence to Form F9–002 Claimant Injured as a Result of Gas Board Leaving Unguarded Trench in Highway: Gas Board Alleging Fault of Highway Authority: Defence to Form F9–012 Legislative Provisions Highways Act 1980 ss.41, 58 and 329 New Roads and Street Works Act 1991 ss.48–60, 65–73, 73F, 79–86, 94, 95 and Sch. 3 Chapter 10—Motorist’s Liability1. Introductory Note Forms Claims Claim by Driving Instructor for Whiplash Injuries Sustained When Defendants Drove into Rear of Claimant’s Stationary Car Whilst Claimant Supervising Pupil Motor Car Driver Disobeying Traffic Signal and Colliding with Motor Cycle Rider Defendant Negligently Drove Motor Car into Motor Cyclist Child Suing Estate of Deceased Driver of Motor Car who Ran Over Claimant While Claimant Crossing Road Head On Collision Case Defendant Car Driver Colliding With Parked Vehicle; Excess Alcohol Defendant Failing to Obey Pelican Crossing Signals and Colliding With Rear of Claimant’s Car Stationary at Crossing Claimant Passenger Injured in Vehicle Driven with Inadequately Maintained Brakes Claimant Run Over on Pedestrian Crossing Claim for Approval of Settlement of Claim by a Child Assault Case; Claimant Leaning Into Defendant’s Car When Defendant Drove Off Dragging Claimant Away Police Officer Negligently Driving Into Collision With Claimant’s Car “Shunt” Accident Caused by Defendants’ Vehicle Being Driven Into Vehicle Which Struck Claimant’s Car Traffic Light Case Coach Driver’s Negligence Passenger’s Claim for Injuries Received as a Result of Negligent “U-turn” Defendant Crossing Central Reservation on Dual Carriageway and Negligently Driving Car Into Claimant ‘s Car Claimants Knocked Down on Pedestrian Crossing Lorry Collided with Rear of Motor Car on Motorway Defendant Drove into Road Sign, Which Struck the Claimants’ Motor Car, and Then Drove into the Claimants’ Car Accident on Approach to Road Junction Accident on Motorway Defendant Changed Lanes in the Path of On-Coming Motor Cycle Public Service Vehicle Failing to Give Way at Junction Road Traffic Accident; Claim Against Personal Representatives of Deceased Driver Head On Collision Claim against Motor Insurers’ Bureau Elderly Person Struck by Reversing Car Claim by Cyclist Injured When Driver of Car Negligently Opened Door in his Path Collision Following Defendant Emerging From a Minor Road into Claimant’s Path Claim on Behalf of the Estate of Pillion Passenger Killed in Road Traffic Accident Form of Pleading for Joinder of MIB in an Uninsured Driver Case Fatal Road Accident Case: Allegation of Use of Mobile Phone When Driving Legislative Provisions Road Traffic Act 1988 ss. 2, 2A, 3, 3A, 5, 11, 14, 16, 22, 35, 36, 38, 41 and 53 Road Vehicles (Construction and Use) (Amendment) (No.4) Regulations 2003 The Highway Code 2007 (extracts) The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400) Chapter 11—Occupiers’ Liability1. Basic Considerations 2. Statutory Provisions 3. Miscellaneous Notes Forms Claims against Shops Claim by Personal Representative of Deceased Pedestrian Injured in Fall Over Single Step in Indoor Market, Including Allegation of Failure to Follow British Standard Claim by Customer Against Superstore for Injuries Caused by Tripping Over Low-Loader Trolley Left in Aisle Claim by Customer Against Shop Owner for Injuries Caused by Slipping on Wet Floor Claim Against High Street Chemist for Tripping Accident Caused by Defect in Exterior Surface Adjoining Pavement Claim by Child Against Superstore for Injuries Caused by Fall From Shopping Trolley, Including Claim Under the Defective Premises Act 1972 Claim by shopper Injured by Collapse of Defective Chair in Furniture Shop Claim by Pedestrian Against Shop Owner for Injuries Caused by Shop Sign Falling in Highway Public Parks and Playgrounds, shopping Centres and Car Parks Claim by Child Against Council Occupiers of Park for Injuries Received as a Result of Stepping into a Pothole in a Path Claim by Child Against Council as Occupiers of Playground for Injuries Claim by Child for Injuries Received Whilst Using Slide at Defendant’s Playground Claim by Child for Injuries Caused by Tripping in Council Car Park Including Claim Against Council as Highway Authority Claim by Pedestrian Against Council as Occupiers of Shopping Centre (and Against Architects Thereof) for injuries Received in Fall Whilst sitting on dangerously low wall, including allegations of failing to Comply with Building Regulations Claim by Visitor to Leisure Centre Against Council Occupiers for Injuries Caused When Walking on Defective Temporary Step Claim by Mother and Child Against Council for Injuries Caused in Fall on Dangerous Steps at Council Offices Claim by Child, Injured After Falling at Ice Rink: Inadequate Supervision Schools and Colleges Claim by Student Against Occupiers of Training Centre for Injuries Received in Fall Caused by Slipping on Wet Surface of Corridor Leading to Canteen Claim by Mother of Child Against School Authority for Injuries Caused by Slipping on Wet Floor Tiles at School Claim by Child Against Council Education Authority for Injuries Received at School During Physical Education Lesson in Falling From Climbing Frame: Breach of Education (School Premises) Regulations 1981 and Inadequate Supervision Alleged Claim by Child Against Council Education Authority for Injuries Caused by Finger Catching in Dangerous Gate. Breach of Education (School Premises) Regulations 1981 Claim by Child Against Council School Authority for Injuries Caused by Dangerously Steep Bank Including Allegations of Lack of Supervision and Failure to Follow British Standards Claim by Dining Room Assistant for Injuries Sustained by Slipping on Water in Corridor Prisons and Places of Definition Claim by Young Offender Detainee Against Home Office for Injuries Caused by Dangerous Laundry Machine Claim by Prisoner Against Prison and Pest Control Contractors for Injuries Sustained Through Inhaling Dangerous Fumes Claims against Contractors as Site Occupiers Claim by Pedestrian Against Construction Company Occupying Building Site Crossed by Public Footpath Claims against Clubs Claim by Guest Against Club Trustees for Injuries Caused by Beer Glass Falling from Table Whilst Attending an Engagement Party Claim by Visitor to Rugby Ground for Injuries Caused in Fall on Grandstand Staircase After Workmen Removed Steps Claim by Visitor Against Night Club Owner for Injuries Caused by Fall Over Single Step Leading to Ladies Lavatory Garages, Car Showrooms Claim by Customer Against Garage Proprietors for Injuries Caused by Slipping on Oil Within Garage Premises Claims against Neighbours Claim by Visitor to Second Defendant’s Home Against Next Door Neighbour (First Defendant) and Second Defendant for Injuries Received in Falling into an Unguarded Excavation Made by First Defendant at Boundary Between the Gardens of the Defendants’ Properties Claim Against Neighbour for Injuries Received as a Result of the Collapse of Neighbour’s Boundary Wall Claims by Police Officers Entering Premises Claim by Police Officer Injured Tripping Over Dangerously Low Boundary Wall Between Council Houses Whilst Investigating Incident, Including Allegation of Failure to Follow British Standards Claim by Police Officer Against Occupiers of Dwelling-House for Injuries Received in Falling into an Unguarded and Unmarked Manhole at the Side Thereof Claims by Council House Tenants Claim by Council Tenant for Breach of Statutory Covenant to Repair and Negligence Causing Respiratory Infection and Asthma to Tenant and her Children Claim by Council Tenant Against Council as Landlord and Highway Authority For Injuries Caused By Defective Steps Leading from Road to House Claim by Council House Tenant for Injuries Caused by Collapse of Front Garden Wall Claim by Council House Tenant for Discomfort and Inconvenience Caused by Incompetent Execution of Repair Works Claim by Council Tenant for Breach of Statutory Covenant and Negligence Caused by Excessive Damp after Explosion Caused Damage to Water, Heating or Drainage Pipes Claim by Council Tenant and Child for Asthma Caused by Damp Resulting from Breach of Statutory Covenant and Negligence/Breach of Defective Premises Act 1972 Claim by Disabled Council Tenants Against Council Landlord for Respiratory Ailments Caused by Inadequate Heating and Excessive Damp Resulting from Breach of Statutory Covenant and Negligence/Breach of Defective Premises Act 1972 Claim by Tenant Against Council and Contractors for Injuries Caused by Defective Steps Forming Part of the Common Parts of a Block of Flats Claim by Tenant Against Council for Injuries Caused by Fumes Emitted from Defective Heating System Claims by Tenants against Private Landlords Claim by Tenant for Breach of Statutory Covenant for Repair Causing Penetrating Damp and Personal Injury Claim by Artist Against Landlords of Studio for Injuries Caused by Fall from Defective Step Ladder Provided by Landlords Hospitals Claim by Hospital Porter For Injuries to Eyes Caused by Careless Disposal of Irritant Liquids Holiday Centres, Caravan Parks Claim by Child Against Owners of Holiday Caravan Park for Injuries Caused by Defective Steps to Caravan Claim by Holidaymaker Injured by Dangerous Chair in Ballroom of Holiday Camp Claim by Child Falling from Dangerous Bunk in Caravan Legislative Provisions Occupier’s Liability Act 1957 Occupier’s Liability Act 1984 Landlord and Tenant Act 1985 Defective Premises Act 1972 Chapter 12—Private Individuals’ LiabilityForms Claims Motorcyclist Injured When He Drove into Chippings Dumped in Highway Causing Obstruction Claimant Tripped Over Length of String Left Across Pavement by Building Contractors Defendant and Claimant Owners of Adjoining Properties; During a Gale a Roll of Foam Blew by Gale from Defendants’ Back Yard and Hit Claimant Defendant Plumber Parked His Van Outside Claimant’s House; Van Exploded Injuring Claimant Claimant Employee of First Defendant Who Was Owner of Vicious Dog F12–004/1 Claimant Barmaid Injured When Defendant’s Dog Ran Into Her Causing Her To Fall Claimant Injured by obstructions Projecting From Defendant’s Trailer and Vehicle Left On Road Claimant Struck by Jib of Crane Operated by Defendant Building Contractor Window Cleaner Injured Falling Off Ladder Claimant Injured Falling on Defective Pavement Outside Private Residence Defences Claimant Barmaid Injured When Defendant’s Dog Ran into Her; Defence Denying that the Dog Was of a Mischievous or Abnormal Nature: Defence to Form F12–004/2 Defendant and Claimant Owning Adjoining Properties: Roll of Foam Blowing from Defendant’s Back Yard and Striking Claimant (Claim in Nuisance and Negligence): Defence Denying Negligence and Pleading that Nuisance was Caused by a Burglar: Defence to Form F12–003 First Defendant’s Dog Biting Claimant After Operation Having Been Defendant Denying Negligence and Asserting Warnings: Defences of the First and Second Defendants to Form F12–004/1 Chapter 13—Product Liability
Introduction Forms Claims Claimant Suffered Electric Shock from Hi-Fi Appliance Claim for Damages for Injuries Caused by Blade of Defectively-Packaged Food Mixer Claim for Damages for Personal Injuries Caused by Defective Automatic Transmission System Nursing Auxiliary Struck by Defective Counter-Weighted Support Bar Manufactured by Second Defendants Claim Against Pharmaceutical Company for Addictive Properties of Drug Windscreen Shattering Spontaneously: Motorist Injured Hairdresser’s “Own-Brand” Hair Dye Causing Dermatitis to Customer Lemonade—Mould in Bottle Causing Gastro Enteritis Cola Drink—Bottle Exploding in Claimant’s Hand Customer Injured by Exploding Glass Jar Conflagration Caused by Gas Escaping from Defective Butane Gas Cylinder Defence Defence to a Horseman’s Claim Following Head Injury Allegedly Caused by Defective Riding Helmet Defence Denying Defective Design or Manufacture of Hi-Fi Appliance and Alleging Faulty Fitting of Plug by Claimant: Defence to Form F13–001 Soft Drink Manufacturers’ Defence to Claim on Behalf of Child Claimant in Respect of Injuries Caused by Exploding Bottle: Raw Material Suppliers’ Defence Under s.4(1)(f): Defence to Form F13–009 Windscreen Shattering Spontaneously: Defence Under s.4(1)(d): no Defect at Relevant Time: Defence to Form F13–006 Legislative Provisions Consumer Protection Act 1987 Chapter 14—Liability for Sports InjuriesForms Amateur Boxer Sustaining Unnecessary Brain Damage Consequent to Injuries Received During Bout Fought Under Defendant Board’s Rules Soccer Player Receiving Broken Leg in Dangerous Late Tackle by Opponent Rugby Player Suing Referee for Injuries Sustained in Consequence of Failure to Enforce Rules Chapter 15—Summary Assessment of CostsIntroduction Forms N260 Form for summary assessment Materials CPR Rule 43.3 CPR Costs Practice Direction paras 3.1, 13, 14 and 20.3 Guide to the Summary Assessment of Costs |
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