Stokes v Guest Keen and Nettlefold [1968] 1 WLR 1776 – Law Journals

Mesothelioma Claims: What is reasonable?

Philip Turton examines Bussey, Williams and the problem of low-level asbestos exposure ‘It has been the period from 1965 to 1976 which has presented as the area of battle as to what, if anything, constituted “acceptable” or “reasonable” exposure at the time.’ If, as seems likely, the recent decision in Bussey v Anglia Heating [2017] …

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Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Breach Of Duty: Employer’s liability claims post Jackson

Andrew Mckie examines the Enterprise and Regulatory Reform Act (ERRA) 2013 and the impact of the Small Claims Track (2017) ‘Claimant lawyers will now have to be more careful than ever to show there has been a breach of duty of the common law duty of care and that breach caused the accident.’ It may …

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Injury At Work: Fault in the wound

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Peter Stewart highlights the important distinction between statutory negligence and strict liability following section 69 of the Enterprise and Regulatory Reform Act 2013 ‘Section 69 considers that it is no longer “just” for employers to be liable in the absence of fault. Justice, however, is a double-edged sword.’Under s69(3) Enterprise and Regulatory Reform Act 2013, …

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Health And Safety At Work: Back to 1898

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Tim Trotman outlines the effect of the Enterprise and Regulatory Reform Act 2013 on personal injury litigation ‘No diminution of a pre-existing national standard is permissible by the introduction of a national law intended to implement European health and safety directives.’ Where a breach occurred before 1 October 2013, regulations introduced under the Health and …

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