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15 October 2009 / Ravi Nayer
Issue: 7389 / Categories: Features , Employment
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Being responsible

Should Tomlinson play a part in employer liability cases? Ravi Nayer investigates

Much has been written about the House of Lords’ judgment in Tomlinson v Congleton Borough Council [2003] UKHL 47, [2003] All ER (D) 554 (Jul) in which the law lords held that whether a claimant was a trespasser in a lake or a lawful visitor when he swam, the defendant council had no liability to him under the Occupiers’ Liability Act in respect of an obvious risk which he willingly ran.

In this journal, as elsewhere, the detail of its application to occupiers’ liability cases and the “compensation culture” that prompted it have been much rehearsed, while virtually nothing has been said of how, if at all, Lord Hoffmann’s powerful imperative that people should accept responsibility for the risks they willingly choose to run applies in the “employment context”. In Radclyffe v The Ministry of Defence [2009] EWCA Civ 635, [2009] All ER (D) 299 (Jun), however, the Court of Appeal considered this important issue.

The facts of Radclyffe

The Okerstausee lake in

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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