header-logo header-logo

07 February 2014 / Meghann McTague
Issue: 7593 / Categories: Features , Personal injury
printer mail-detail

High & dry

Meghann McTague asks, when is an accident really an accident?

In Ford v Malaysian Airline Systems Berhad [2013] EWCA Civ 1163, [2013] All ER (D) 236 (Sep), Ms Ford was a passenger on an international flight from London Heathrow to Melbourne via Kuala Lumpur. She had, as a result of her previous medical history, been prone to bouts of cystitis. The extent of her previous treatment had been to purchase over the counter medication in respect of it.

While on board, the appellant realised that she was having difficulty in urinating and asked the cabin crew whether they had any bicarbonate of soda or cranberry juice. Unfortunately, neither was available; however the crew were aware that one of their first class passengers was a doctor.

Examination

The doctor agreed to examine the appellant and the appellant consented to this without further enquiry as to what the nature of the doctor’s qualifications or experience was.

The doctor suggested to the appellant that she have an injection of a diuretic to enable her to urinate. The appellant consented to this injection which was administered mid-flight. The doctor

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll