Knee Injury in UK Law
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Rubenstein v HSBC Bank Plc
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Much reference was made by Mr Cogley to Lord Hoffmann's example of the mountaineer in his speech in SAAMCO (at 213). The importance of that example is that it illustrates the significance of the scope of a defendant's duty for the purpose of questions of causation and remoteness. A mountaineer is told by his doctor that his knee is fit for a mountain climb, but the doctor is negligent, ie the knee is not fit.
But what does the mountaineer's example teach us in the present case?
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Chester v Afshar
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In cases such as the present, however, it simply cannot be said that the injury suffered had nothing to do with the problem which had taken the claimant to the doctor. It was a consequence of that very problem and the doctor's attempt to put it right. Furthermore it was a consequence about which the claimant had expressed her concern to the doctor and been wrongly reassured.
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Jobling v Associated Dairies Ltd
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Hughes-Holland v BPE Solicitors and another
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By comparison, in the "information" category, a professional adviser contributes a limited part of the material on which his client will rely in deciding whether to enter into a prospective transaction, but the process of identifying the other relevant considerations and the overall assessment of the commercial merits of the transaction are exclusively matters for the client (or possibly his other advisers).
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Aneco Reinsurance Underwriting Ltd ((in Liquidation)) v Johnson & Higgins Ltd
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Lord Hoffmann gave the only reasoned speech. He applied the principle which had emerged in Caparo v Dickman and Skandia. He observed that a person who is under a duty to take reasonable care to provide information on which someone else will rely in deciding whether to take a course of action is, if negligent, not generally responsible for all the consequences of that course of action.
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Heil v Rankin
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Consistency is important, because it assists in achieving justice between one claimant and another and one defendant and another. It also assists to achieve justice by facilitating settlements. The courts have become increasingly aware that this is in the interests of the litigants and society as a whole, particularly in the personal injury field. It is for this reason that the introduction of the guidelines by the Judicial Studies Board ("JSB") in 1992 was such a welcome development.
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The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
... ... awarded under article 15C of the AFCS 2005;“additional multiple injury lump sum” means a benefit previously awarded under article 15B of the ... 36Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, ... ...
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The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005
... ... injury lump sum” means the sum referred to in article 15B(2) ;F17“appropriate ... ;(d) “a part of the body” means shoulder, elbow, wrist, hip, knee, ankle joints and associated ligaments or cervical, thoracic or ... ...
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The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2015
... ... Amendment to article 12 (injury and death - other exclusions) of the principal Order ... 3. Article 12 ... 13-"13 12 Ligament injury, short of full thickness rupture, to one knee, ankle, foot, shoulder, elbow or wrist causing permanent significant ... ...
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The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017
... ... Amendment of article 12 (injury" and death – other exclusions)Amendment of article 12 (injury and death \xE2\x80" ... injury which has resulted in full thickness rupture affecting one knee, ankle, shoulder, elbow or wrist from which the claimant has made or is ... ...
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Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended)
... ... Item Column (a) Column (b) ... Level Description of injury and its effects (“descriptor”) ... 1 4 Burns, with partial, ... 3 6 Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, ... ...
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Principle, Pragmatism, and Policy in Determining the Scope of the Duty of Care and Extent of Liability for Consequences
... ... A doctor negligently certifies a mountaineer’s injured knee as fit. The mountaineer goes on an expedition. This would not have ... Landslide : The mountaineer’s injury forces him to turn back, encounter a landslide whilst descending, and ... ...
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The Effect of the Fact/Opinion Distinction on CPR r. 35.2: Kirkman v Euro Exide Corporation; Gall v Chief Constable of the West Midlands
... ... evidence of fact and expert opinion in the context of a personal injury action’. 7 Both cases also involve doubtful classifications of evidence ... ’s leg was amputated in 2003 after he developed MRSA following knee surgery performed in May 2002. The claimant had been treated by Mr Banks, ... ...
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Uncertainty Over Causal Uncertainty: Karen Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) v Greif (UK) Ltd
... ... inherently impossib le for the claim ant to pro ve exactly ho w his injury was ca used’ ... 11 The boundariesof the concept of ‘inherent impos ... Area Health Authority , 18 ( Hotson ) where the plainti¡’ s knee injury w as negligentl y misdiagnosedby a doc- tor , such thathis 25 per ... ...
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It's A Fair Cop: Desk Injury Officer Brings Exaggerated Claim
... ... Background ... Ms Jenkins suffered a knee injury when her supervising officer hid her mobile phone in a ceiling void. The Claimant climbed on a desk to retrieve it and fell hitting her left ... ...
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Professional Footballer Seeks Damages Over 'Career-Threatening' Tackle
...In any contact sport the risk of injury is inevitable. Whilst the majority of injuries tend to be minor, there ... and left Blackstock side-lined for fifteen months with a horrific knee injury ... Recently, the footballer issued an action for damages in the ... ...
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The 10 Most Common Injuries Caused By Slips, Trips, And Falls In The Workplace
... ... common. Shoulder dislocation and knee injury can also commonly ... occur. After fractures are sprains and ... ...
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Personal Injury And General Damages
... ... Consequently, claimant suffered disability ... Bronson v Inker ... (District Judge Gamba) ... Claimant suffered injury to knee, foot and neck when her stationary car was hit on driver's side by another vehicle. Injuries remained a complaint for 18 months ... Stephen Leslie ... ...