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Summary of Recent Cases, April 2018

15/04/18. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

Summary of Recent Cases - Substantive Law

Dryden and Others v Johnson Matthey PLC [2018] UKSC 18
Three Claimants appealed against the dismissal of their claims against their employer for damages. The Claimants had negligently been exposed to platinum salts which had caused them to become sensitised to them. Although the sensitisation was asymptomatic, subsequent exposure could result in an allergic reaction. As a result, all of the employees had to be redeployed within the company or made redundant, causing them loss. Because negligence and breach of statutory duty were not actionable in their own right, the Claimants had to establish an 'actionable personal injury'. At first instance, the trial judge held that they had not and that the claims were for pure economic loss, which was not recoverable. This was upheld in the Court of Appeal. On appeal, the Claimants argued that the sensitisation was a physical change which amounted to material damage, and was thus actionable. The Defendant argued that...

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