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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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