PIBULJ
Vicarious Liability: Are We Moving Away From Lister v Hesley Hall Ltd [2002] 1 AC 215? - Sarah Prager, 1 Chancery Lane
14/11/12. The workplace can be a dangerous place. Sarah Prager discusses two recent Court of Appeal cases on vicarious liability, and examines how they have been applied in the County Court. In January of this year the Court of Appeal heard the conjoined appeals in Weddall v Barchester Healthcare Limited and Wallbank v Wallbank Fox Designs Limited [2012] IRLR 307. Both involved interesting questions of vicarious liability for the deliberate acts of employees. In both cases employees had suffered injury in an employment setting as a result of violence by another employee. In each case, the judge at first instance had held that the tortfeasor...
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RTA Fraud: Guilty by Association? Not So Says the Court of Appeal - John-Paul Swoboda, 12 King’s Bench Walk
13/11/12. On 23rd October 2012 the Court of Appeal gave judgement in Basharat Hussain v Adil Hussain v AVIVA UK Insurance Ltd [2012] EWCA Civ 1367. The Court of Appeal considered the following premise, could ‘strong inferences’ be drawn against a Claimant involved in an RTA on the basis of a finding that the Defendant was a sophisticated fraudster.
Earlier cases have concerned the extent to which a Claimant should be punished by having associated with a fraudster or exaggerated his own claim. The Court of Appeal in...
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Mediation or Negotiation - Steve Hancox, ADR Group Accredited Civil & Commercial Mediator
12/11/12. Steve Hancox reports on the recent decision in ADS Aerospace Ltd v EMS Global Tracking Ltd and considers the difference between mediation and without prejudice negotiations. In ADS Aerospace Ltd v EMS Global Tracking Ltd [2012] EWHC 2904 (TCC) (24 October 2012) following dismissal of the Claimant’s $16m claim, the High Court has...
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Bringing Proceedings in Time - Andrew Roy, 12 King’s Bench Walk
12/11/12. It is a truth almost universally acknowledged amongst personal injury practitioners that to avoid a potential limitation defence proceedings must be brought with the relevant period (in most cases 3 years from the date of the accrual of the cause of action or date of knowledge, whichever is later). This has always been a slightly tricky area, but strong anecdotal evidence suggests that it is causing increasing angst as court resources become more stretched and bulk issue centres and the like become more frequent. The days of being able to walk up to the counter of the local court and have the claim form issued there and then are long gone in most areas.
This (relatively) short and (hopefully) practical article deals with the mechanics of bringing proceedings in time from a given starting date (questions of date of knowledge under s14 Limitation Act 1980 are to beyond its scope).
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The Regulation of Medical Devices in Europe: Pips and Hips - Dr Peter Feldschreiber, 4 New Square
10/11/12. There are currently high profile public heath concerns regarding the regulation and safety monitoring of medical devices on the market throughout Europe. In particular defects identified with metal on metal hip replacements concerning systemic release of highly toxic heavy metal ions and the relatively high incidence of rupture and release of potentially toxic filling material in breast implants have raised great concerns as to the fitness for purpose of the European legislation regulating the whole spectrum of implantable medical devices.
This paper will review the current status of two of the major safety issues with devices and discuss the current regulatory legislation from the perspective of its deficiencies in guarding against the eventuation of foreseeable risks with devices already classified under the legislation as ‘high risk’.
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