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The employer’s duties to the employee Print E-mail
Written by Personal Injury Newsletter   
Sunday, 01 August 2010 00:00

Overriding duties

An employer is under an overriding duty to take reasonable care of its employees’ health and safety, and has a duty under both common law and statute to ensure the safety of its employees.

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Parkes v Martin [2009] All ER (D) 371 (Jul); [2009] EWCA Civ 883 Print E-mail
Written by Personal Injury Newsletter   
Sunday, 01 August 2010 00:00

9 July 2009

Costs – Order for costs – Discretion – Claimant commencing proceedings in damages against defendant – Defendant cross-claiming – Judge finding for claimant on liability but reducing claim by 65% for contributory negligence – Judge awarding claimant 35% of costs – Whether judge erring in making costs order.

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Turner and another v Jordan and another [2010] All ER (D) 33 (Jul); [2010] EWHC 1508 (QB) Print E-mail
Written by Personal Injury Newsletter   
Sunday, 01 August 2010 00:00

5 July 2010

Road traffic – Accident – Negligence – Causation – Road traffic accident between claimants and first defendant – Claimants bringing proceedings for damages in respect of injuries allegedly sustained – Second defendant Motor Insurers’ Bureau admitting liability on its behalf for claimants’ injuries – Second defendant compromising proceedings brought by second claimant – Issues of causation and quantum arising between first claimant and second defendant – Quantum.

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Bottomley (by her litigation friend Helen Ryan) v East Midlands Strategic Health Authority [2010] All ER (D) 23 (Jul); [2010] EWCA Civ 756 Print E-mail
Written by Personal Injury Newsletter   
Sunday, 01 August 2010 00:00

2 July 2010

Practice – Joinder of parties – Joinder of local authority – Claimant suffering brain damage at birth – Claimant’s litigation friend employee of authority – Defendant health authority admitting liability – Authority applying to be joined as party in damages proceedings – Judge refusing application – Whether authority should be joined as party – Whether conflict of interests between authority as litigation friend’s employer and claimant.

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Steele v Home Office [2010] All ER (D) 231 (Jun); [2010] EWCA Civ 724 Print E-mail
Written by Personal Injury Newsletter   
Sunday, 01 August 2010 00:00

25 June 2010

Damages – Personal injury – General damages – Dental treatment – Breach of duty in respect of provision by prison service of dental treatment to prisoners – Claimant a Category A prisoner incarcerated following conviction for murder – Claimant requiring extensive dental treatment – Whether Home Office in breach of duty – Whether judge erring in level of general damages awarded.

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