Butterworths's Personal Injury Law Newsletter Each month expert contributors provide commentary and analysis on a variety of subjects including personal injury law, rights and health and safety. regular materials news, legislation updates and crucial cases.
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.
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.
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.
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.
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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Dear Craig, What would be your opinio...
Dear Craig, What would be your opini...