Category Liability

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 […]

BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL

June 21, 2015 · by · in Evidence, Liability, Risk Assessments · 1 Comment

The precise impact of the ERRA upon liability is still very much open to debate.  Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015. THE CASE The pursuer (claimant to those in […]

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 […]