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

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll