Category Employer’s duty

COURT OF APPEAL OVERTURNS FINDING OF 10% CONTRIBUTORY NEGLIGENCE: CLAIMANT’S CONDUCT DID NOT FALL BELOW A REASONABLE STANDARD

December 1, 2017 · by · in Accidents at work, contributory negligence,, Employer's duty, Work at height · 1 Comment

In a short judgment today in Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 the Court of Appeal overturned a trial judge’s decision that a claimant who suffered injury at work was contributory negligent. “the extent to which the claimant’s conduct could be criticised fell considerably short of that which could properly be categorised […]

THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS

February 11, 2016 · by · in Avoiding injury, Codes of Practice, Directives, Education and training, Employer's duty, Europe, Evidence, Liability, Risk Assessments, Slips & Trips, Standard of care · 1 Comment

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 […]

VICARIOUS LIABILITY: FOOTBALLERS, ASSAULT AND “INITIATION CEREMONIES”

November 1, 2015 · by · in Employer's duty, Vicarious liability · 1 Comment

It is well known that last month the Supreme Court heard a number of appeals in relation to vicarious liability, particularly for assaults by employees.  While the decisions are pending it is useful to look at examples where these issues are being applied using the current law.  The issue of vicarious liability for an “initiation ceremony” which […]