Liability
Find out more about DWF's employers and public liability team
Health and safety: Löfstedt - Enterprise and Regulatory Reform Act 2013 - removal of civil liability for breach of statutory duty in PI claims
The Act has now received Royal Assent with the relevant section 69 expected to come into force either in October 2013 or April 2014. Simon Denyer comments on the impact of the new section.
Read more
Noise induced hearing loss: Guidelines on diagnosis
In this County Court claim, the judge dismissed the Claimant’s claim and in doing so addressed the application of the Coles Lutman & Buffin “Guidelines on the diagnosis for noise-induced hearing…
Read more
News on when insurers may be able to go behind claimants' QOCS protection
Here we are in the second week of the post Jackson/LASPO world and things are starting to slowly change, but with no overnight big bang. We need to remember that most of the changes will not impact on…
Read more
Civil justice: Costs reforms, Jackson/LASPO update
Our monthly round up of progress with the Jackson and associated civil justice reforms including updates this month on: J Day and beyond, procedural developments, portal extension and fixed…
Read more
Fatal accident that resulted in loss of dependancy of a cohabitee for less than 2yrs
The Claimant had cohabited with her partner for six months before he died in an accident at work. She was not entitled to compensation under the Fatal Accidents Act 1976 because they had not lived…
Read more
Fatal accidents: Coroners reform consultation
The MoJ is seeking views on proposals for implementing the coroner reforms in Part 1 of the Coroners and Justice Act 2009.
Read more
No liability for breaches of regulations- final position
The Government has wanted to change the current position that breaches of health and safety regulations made under the Health and Safety at Work Act 1974 to give rise to civil liability and had…
Read more
MoJ Consultation: The Discount Rate - review of the legal framework
Following its August 2012 consultation which was concerned solely with how the discount rate should be set under the present law, the Ministry of Justice has this week published a second consultation…
Read more
Employers’ Liability: defendant not liable for untrained employee’s accident
When work equipment appears to have failed and caused injury, claimants can be encouraged to litigate relying upon either the strict liability concept (before the ERRA came into force) or in general…
Read more