News Category 2
Workplace Safety Shift - Scott Whyte, Watermans Solicitors
13/11/13. The Enterprise and Regulatory Reform Act 2013 came into force on 1st October 2013, and brought with it the most significant shift in civil liability for accidents at work in a generation. Part 5 of the Act is entitled Reduction of Legislative Burdens and includes section 69 which outlines changes to civil liability for breach of health and safety duties under s.47 of the Health and Safety at Work Act 1974 (HSWA). The effect of s.69 is such that it reverses the presumption than any breach of the HSWA or any subsequently enacted legislation would carry both criminal and civil liability. This means in effect that from...
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Lest We Forget (Our Senses) - Thomas Crockett, 1 Chancery Lane
11/11/13. Personal injury law has a poor image in the eyes of the general public. For many reasons of course, this is unfair. Often it is the overreactions of various (frequently Public Sector) organisations who utterly overreact to potential alleged “health and safety risks”. Examples are legion: conkers in schools, blu-tac on walls and Christmas decorations are all subjects of recent media hype, when they have been cited by over-zealous (to be charitable about them) health and safety advisors as being sources of potential injury and consequent expensive litigation...
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Safe Sex: Part 3 - Simon Readhead QC, 1 Chancery Lane
08/11/13. Sex activity is in every sense a personal choice. Ordinarily this truism might not find its way into legal submissions and certainly not submissions by the Solicitor-General of the Commonwealth of Australia. However, ordinarily injuries at work do not arise from a “vigorous” sex session in a motel bedroom.
Regular readers will recall the story so far in relation to this unfortunate “on the job” injury which raises important questions for personal injury and employment lawyers in the UK about the types of activities which can properly be said to arise out of or in the course of employment...
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CA Suggest No Need for Causation in HRA Claims? - Edward Bishop QC, 1 Chancery Lane
05/11/13. The Court of Appeal has given judgment in Sarjantson v The Chief Constable of Humberside Police [2013] EWCA Civ 1252, an important and interesting decision on the operation of police officers’ duties to protect citizens under the Human Rights Act 1998 (“HRA”).
Mr Sarjantson (“C”) was attacked and injured by a group of young men armed with baseball bats and bricks in the early hours of 9thSeptember 2006. Several members of the public made 999 calls to the police, describing the group as violent and dangerous and reporting that they were attacking various people. The first time that C’s name was mentioned - as a victim of the attacks - was about seven minutes after the first...
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Costs Budgeting: Recent Developments - Christopher Edwards, Old Square Chambers
30/10/13. Costs budgeting is now firmly a part of PI litigation: form ‘precedent H’ and the first case management (or more properly costs management) hearing are becoming increasingly familiar to practitioners. Costs budgeting was introduced on 1st April 2013 by the amended CPR rules 3.12 to 3.18, which are supported by the practice direction 3E. These provisions are fairly short and are worth reading in full. In summary, parties are expected to attempt to agree their respective budgets, and if so the extent of...
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More Articles...
- After the Revolution - Aidan Ellis, Temple Garden Chambers
- Post-Jackson Costs Cases - Sue Nash, Litigation Costs Services
- Failure to File Costs Budgets: a Recent Example in Practice - Jack Harding, 1 Chancery Lane
- Case Managers and Accreditation: The Current Situation - Jan Harrison, Joanna Collins & Niccola Irwin, Harrison Associates
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
