Category Occupier’s Liability
THE IMPORTANCE OF RISK ASSESSMENTS: IMPORTANT HIGH COURT DECISION AND A REMINDER OF FORTHCOMING TALK
In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation. On appeal the judge rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal. […]
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 […]
OCCUPIER’S LIABILTY ACT 1957 – ANOTHER BLOW FOR CLAIMANTS … – MILL’S TEST REINFORCED
By Catherine Duffy DEAN AND CHAPTER OF ROCHESTER CATHEDRAL and MR LEONARD DEBELL [EWCA]Civ 1094 – Lady Justice Hallett and Lord Justice Elias Hearing date 25/10/16 LORD JUSTICE ELIAS BACKGROUND This was an appeal against a finding of negligence made by HHJ Coltart in Lewes County Court. The claimant was injured when walking within the […]
PERSONAL INJURY ANNUAL UPDATE: 17th OCTOBER 2016 CENTRAL LEEDS
The Personal Injury Practice Group is holding its Annual Update on the 17th October at the Park Plaza Hotel in Leeds. The course runs from 9.30 to 5.00pm and lunch is provided. The cost is £80. Topics to be covered this year include: Costs – developments in 2016. Employer and public liability update. Road Traffic […]
FIVE MORE IMPORTANT POINTS FOR THOSE ISSUING IN HASTE
By Gordon Exall Friday is ( or may be) effectively the last day you can issue under the old fee regime. This is going to be a busy day for many litigators. Here are five points in an attempt to ensure that no long-term problems arise.
FOUR IMPORTANT POINTS FOR THOSE HASTILY ISSUING PROCEEDINGS THIS WEEK
By Gordon Exall Twitter and other sources have been full of stories of solicitors issuing numerous proceedings to avoid the (wholly ridiculous) price hike next week. There are a few things that should be borne in mind by all those who have issued but are not proposing to serve immediately.
NO DUTY OF CARE OWED TO EXTREMELY RECKLESS FRIEND USING DANGEROUS MACHINERY: Ford v Silverstone (2015) (QBD)
By Ruwena Khan A Defendant did not owe a duty of care to a Claimant who, while helping him clear the grounds of the property, had of his own accord, attempted to unblock a wood chipper while the engine was on and lost three of his fingers…
When a system of inspection simply isn’t enough.
By Justin Crossley Butcher –v– Southend on Sea Borough Council [2014] CA (Civ Div) 30/10/2014 is something of a novelty. A successful tripping claim. The circumstances of the claim are as follows. The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant. The Claimant’s parents’ […]
Be careful where you walk: failure to maintain street lighting does not make local authorities liable
By Sabrina Hartshorn Heath McCabe v (1) Cheshire West & Chester Council (2) BAM Nuttall Limited Chester County Court HHJ Halbert 26/06/2014 Where a local authority failed to maintain a streetlamp intended to illuminate a flight of steps on a public footpath, it owed no duty of care to a member of the public […]
GROSS CARELESSNESS BY YOUR EMPLOYEE – IT’S STILL ON YOU
By Bronia Hartley The creation of a material risk by the carelessness of an employee remained a material risk for the purpose of the offence of failing so far as reasonably practicable to ensure the health and safety of employees contrary to the Health and Safety at Work etc. Act 1974 s.33(1)(a) Polyflor Ltd v. […]
NO DUTY OF CARE OWED BY OCCUPIER TO CONTRACTOR – JAMIE ALEXANDER YATES V NATIONAL TRUST [2014] EWHC 222 (QB)
By Colin Richmond Judgment In this case Mr Justice Nichol held that an occupier was not liable when a tree surgeon suffered serious injury whilst felling a tree. A significant part of the judgment related to whether or not a duty of care was owed. The Facts The Defendant, N, engaged the Claimant, J, to […]
Boys will be boys…. But you can’t sue the school for it
Elliot Kay West Sussex County Council v Lewis Pierce (a child, represented by his litigation friend Annette Pierce) [2013] EWCA Civ 1230. The Facts: On 9th June 2010, Lewis Pierce, a 9 year old schoolboy at the time, was playing with his younger brother George in their school playground. There was a metal water fountain […]
Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE 