Category Liability

INADEQUATE RISK ASSESSMENT LEADS TO LIABILITY BEING ESTABLISHED: CHISOLM -v- HANKINS CONSIDERED

In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer.  The judge also made important observations about the relevance of statutory duties after s.69 of the ERRA 2013.   “Breach of this regulation does […]

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal

This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin.  Lady Justice Asplin gave the leading judgment with which the Lord Justices agreed.  However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be […]

SUPREME COURT DECISION TODAY: SALT SENSITISATION IS AN ACTIONABLE INJURY

In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action. Gordon Exall summarises the main issues. The judgment is available here. A […]

COUNCIL VICARIOUSLY LIABLE FOR FOSTER PARENTS: SUPREME COURT DECISION TODAY

In the judgment today  Armes v Nottinghamshire County Council [2017] UKSC 60 the Supreme Court held that a local authority could be vicariously liable for the acts of foster parents. It is an important development of the principles relating to vicarious liability. THE CASE The claimant’s case is that she had been abused by foster […]

2016 IN PERSONAL INJURY: A YEAR IN BLOG POSTS

Throughout 2016 the Zenith Personal Injury  Team have been busy blogging about the latest news in PI and civil procedure. Here, as the first “review of the year” are all the posts topic by topic. POSTS ON PROCEDURE This has been (as always) an interest year in relation to procedure. Vilma Vodanivic considered what happens […]

Surveillance skulduggery?

By Peter Yates In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance. The Claimant alleged that […]

The importance of an independent expert

 By Sabrina Hartshorn Watts v The Secretary of State for Health [2016] EWHC 2835 (QB) Where an expert loses sight of her duty to provide independent assistance to the court by way of objective unbiased opinion in relation to matters within her expertise. A copy of the judgment can be found at: http://www.bailii.org/ew/cases/EWHC/QB/2016/2835.html Key points […]