Monthly Archives: November 2014

NO LIABILITY FOR DEVELOPMENT OF SENSITIVITY TO PLATINUM: GREENWAY -v- JOHNSON MATTHEY PLC

November 26, 2014 · by · in Liability · 1 Comment

In Greenway -v- Johnson Matthey PLC [2014] EWHC 3957 (QB) Mr Justice Jay decided that there was no claim in law for claimants whose exposure to substances at work led to their developing sensitivity to platinum. THE CASE A number of claimants had become sensitive to platinum salts as a result of their exposure whilst […]

CONTRIBUTORY NEGLIGENCE, APPORTIONMENT, CAUSATION, BREACH OF STATUTORY DUTY AND THE EMPLOYEE

November 21, 2014 · by · in Asbestos, Evidence, Standard of care · 1 Comment

In Blackmore -v- The Department for Communities and Local Government ( Exeter County Court 23rd October 2014 – reported on Lawtel) HH Judge Cotter Q.C. made important observations about issues of contributory negligence and apportionment in cases where the defendant is in breach of statutory duty to an employee. THE CASE This was a fatal […]

LOSS OF EARNINGS: PROVING THAT THE INJURIES CAUSED THE LOSSES

November 9, 2014 · by · in Evidence, Loss of earnings · Leave a comment

The burden of proof is on the claimant in proving loss of earnings. This applies as much to proving causation as to the duration and amount of the loss.  Here we look at two  recent cases which are very different but highlight the problems there can be with causation.  DUDNEY -v- GUARANTEED ASPHALT LTD [2013] […]