Insurance newsletter - June 2010

Disclosure of surveillance evidence

In O’Leary v Tunnelcraft, the Court looked at the rules for reliance on surveillance evidence. The Defendant’s disclosure of surveillance evidence amounted to an "ambush" so it was refused permission to rely on it.

Public law powers and private law duty of care

In Connor v Surrey CC, a stress at work claim, the Court of Appeal examined how a local authority may be required to fulfil its pre-existing private law duty by the exercise of a public law discretion.

S.33 discretion and quantum in abuse claims

In a continuation of earlier litigation, the Court in AB & others v Nugent Care Society looked at s.33 discretion and quantum in abuse claims.

Inconsistent history in highway tripping claim

A Claimant succeeded in a highway tripping claim despite inconsistencies as to the accident circumstances in the Letter of Claim, pleaded case and medical records. (Bell v Havering)

Mesothelioma claim fails

In Reynolds v SoS, the Court considered whether, in the light of air sampling results, the level of asbestos to which the Deceased had been exposed 1977-86 was such that the NCB was in breach of duty.

Quantum in mesothelioma claim

In Dunn v National Grid, the Court considered quantum of PSLA for a man who died of mesothelioma some 6 weeks after onset of symptoms.

Liability for accident on construction site

Where the Claimant was found to have been injured by a failure to clear mud, liability was split between the main contractor and ground works sub-contractor (Swain v Geoffrey Osborne Ltd).