Santé et sécurité au travail

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  •  
    20/03/2024
    United Kingdom

    Court of Appeal clarifies legal test of reasonable foreseeability in mesothelioma claims

    The Court of Appeal has issued important guidance on the legal test to be applied in establishing liability in asbestos-related mesothelioma claims. In a number of cases the Judgment will make it harder for claimants to succeed in their claims. It will however be welcomed by defendants and insurers.In White v Secretary of State for Health and Social Care and Cuthbert v Taylor Woodrow [2024] EWCA Civ 244 the two deceased workers had been exposed to light or intermittent levels of asbestos. They had gone on to develop mesothelioma around 2019/21, from which both subsequently died. Their exposure...
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  •  
    20/03/2024
    United Kingdom

    Court of Appeal determines costs budgeting issue in personal injury claims - Hadley v Przybylo

    The Court of Appeal has decided that in principle, the Claimant’s solicitors’ costs of attending rehabilitation case management meetings are recoverable as costs of an action.This judgment is significant to anyone handling catastrophic injury claims (including med mal), in particular, where lawyers are attending multi-disciplinary team meetings and costs budgeting applies.In summary, this case questioned the recoverability of legal costs for lawyers to attend case management meetings with medical and other professionals whilst supporting a personal injury Claimant’s rehabilitation,...
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  •  
    13/03/2024
    United Kingdom

    Court of Appeal rules that defence of illegality in civil claim is not available if not guilty of criminal offence by reason of insanity

    In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found not guilty by reason of insanity, the defence of illegality will not prohibit them from claiming damages from those who were responsible for assessing their mental wellbeing at the relevant time.Whilst these circumstances are unusual, they are not novel. This Judgment is particularly important for providers of mental health services and their insurers.Background – Criminal ProceedingsOn 10...
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  •  
    01/12/2023
    United Kingdom

    Supreme Court clarifies position on uncontroverted evidence - TUI Ltd v Griffiths

    The Supreme Court has now clarified the position in relation to uncontroverted evidence.After nine years, TUI Ltd v Griffiths [2023] UKSC 48 has reached a conclusion which most practitioners were expecting. Subject to certain important exceptions, evidence which is not agreed must be challenged by cross-examination. This is an essential feature of our adversarial system and is required to ensure fairness to the parties, the witness (whose evidence a judge is invited to reject) and the court.Although Griffiths concerned expert witness evidence, the principle established applies to the evidence of...
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  •  
    30/11/2023
    United Kingdom

    Part 4 of the Building Safety Act 2022 – Are you clear on your duties?

    The Building Safety Act 2022 (the “BSA”) contains measures that are intended to improve and maintain the safety of Higher-Risk Buildings (“HRBs”) throughout the building lifespan. The BSA is split into various sections, with Part 4 placing a raft of obligations on dutyholders to ensure the safety of residents during occupation.The BSA is large, complex and heavily supplemented by secondary legislation, as well as government guidance. This Law-Now article is intended as a useful overview and guide to the key provisions in Part 4.Supplementary RegulationsA brief snapshot of...
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  •  
    16/11/2023
    United Kingdom

    Criminal liability for injuries in Sport – when does it arise?

    It is reported that a man has been arrested on suspicion of manslaughter following the death of ice hockey player, Adam Johnson, on 28 October 2023, during a game between the Nottingham Panthers and the Sheffield Steelers at Sheffield’s Utilita Arena. Mr Johnson, who played for Nottingham Panthers, died as a consequence of a fatal neck injury sustained during the game. There has been little said publicly about the precise circumstances of the injury. Leaving the particulars of Mr Johnson’s injury aside, it does raise the question of when it is appropriate for criminal proceedings to...
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