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The recent Court of Appeal decision in Ghaith v Indesit (2012) EWCA 642 underscores quite how onerous the statutory obligations imposed upon employers by the six-pack of EC Regulations can be. The rather unedifying context was stock-taking of spare parts for white goods (washing machines drums etc) for the Defendant company. The claimant, a service engineer,


Motor insurers are keen to keep up the pressure up on the courts to exonerate drivers or at least to ramp up the findings of contributory negligence in cases where pedestrian claimants wrongly walk into the road in front of approaching vehicles.  However, three recent decisions show the pace of change, if any, to be


How do you get off Scott-free when you have made an admission of liability and paid millions in damages? The answer in AC and Others v Devon County Council [2012] EWHA 796 was not by withdrawing that admission but bringing a Part 20 Claim. Even then the result is rather curious but the case raises some


Picture the scene: a wild area of woodland, full of trees, leaves, plants and wildlife. How nice it would be to have an area like that within the grounds of your workplace. An area like that is going to be full of trip and slip hazards. Surely no-one would want it to be smoothed out,


In the latest of my run of articles on recent developments in the law of contributory negligence in personal injury cases, I have turned to the recent decision of the High Court in Emma Hughes (by Anne Marie Armstrong) v Estate of Dayne Joshua Williams, deceased (Defendant) and Louise Williams (Third Party) [2012] EWHC 1078


The Legal Aid, Sentencing and Punishment of Offenders Bill (“LASPO”) has now reached the “Ping Pong” stage, during which time the Bill will be batted back and forth between the two Houses, until both Houses agree on the text. From the point of view of PI practitioners, two important amendments are being sought by the


Good with Food?

Case note: Josephine Mitchell & Others v United Co-operatives Limited [2012] EWCA Civ 348 Just occasionally the law reports provide us with a glimpse of the difficult working conditions that some employees have to endure (even where their employer is not to blame for such working conditions). Josephine Mitchell and others, decided by the Court


  Should a claim be struck out in its entirety if it is substantially fraudulent? That was the issue considered by the Supreme Court last week in Fairclough Homes Limited v Summers. The appeal arose out of a commonplace employers liability case. Mr Summers slipped on a defective step whilst descending from a stacker truck.


What’s in a name?

On 22 March, after 200 years of being called Cadbury, Kraft, the US food conglomerate which bought the Cadbury business in 2010, is changing its name to – Mondelez (pronounced mohn-dah-LEEZ) International.   The article I read suggests this means delicious world – “monde” coming, I suppose, from the French (or perhaps the Latin) for


  Some cases are destined for not just one visit to the appellate courts but several. You may remember the case of Woodland v Beryl Stopford and others [2011] EWCA Civ 266. Simon Trigger wrote about it on this blog exactly 1 year ago to the day under the heading ‘We can all now resile from pre


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