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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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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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