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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll