Head & brain settlements
in Wales.
A woman who went to see glowing plankton at night fell 4 to 5 metres off Aberavon Pier near Port Talbot and suffered a moderately severe brain injury. The pier owner accepted two thirds liability and paid £75,000 in interim payments, but the whole claim was dismissed for fundamental dishonesty. A boy left with cerebral palsy after birth at the Princess of Wales Hospital, Bridgend, lost his claim against the health board.
Facts that decide a head & brain claim in Wales
| Split liability | Liability for the pier fall was settled at two thirds in the claimant’s favour, reflecting her own share of fault.Williams-Henry v Associated British Ports [2024] EWHC 806 (KB) |
|---|---|
| Proving causation in birth cases | Without a negligent cause of delay in delivery, the material contribution test could not help the claimant.LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB) |
| Fundamental dishonesty | A claim found fundamentally dishonest must be dismissed in full unless that causes substantial injustice.Criminal Justice and Courts Act 2015, s 57 |