Category Directives
THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS
In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application. It raises interesting issues as to the relevance of “It follows that the employer’s duty is no longer confined to taking such precautions as are […]
IS THE ABOLITION OF BREACH OF STATUTORY DUTY IN THE ERRA LAWFUL: APIL HAVE LODGED A COMPLAINT WITH THE EUROPEAN COMMISSION
It is unlikely that many cases relating to “breach of statutory duty” have been considered after the ERRA (largely) abolished the concept in October last year. However the Association of Personal Injury Lawyers have lodged a complaint with the European Commission. Which has past the first hurdle and which is being considered by the European […]
DWF: CAREFUL ANALYSIS OF EFFECT OF ERRA
DWF have a careful analysis of the potential effect of the ERRA at http://www.dwf.co.uk/news/legal-updates/employers-liability-and-the-enterprise-and-regulatory-reform-act-2013 THE DIRECTIVES AND EMANATIONS OF THE STATE One particular matter of interest (and where I am not sure I agree with them) is the point in relation to a direct cause of action under the Directives against a defendant that is an […]
BUT WHAT ABOUT EUROPE? EUROPEAN LAW AND EMPLOYER’S LIABILITY AFTER THE ERRA
There has been some debate about the effect of European law upon the changes made by the ERRA 2013. I have to say that it is difficult to come to a concluded view. These matters will start to become relevant very soon. There are a number of steps I recommend to practitioners: (1) Read the […]
PERSONAL INJURY: LIABILITY AND DAMAGES 