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27 July 2012 / Keith Patten
Issue: 7524 / Categories: Features , Damages , Personal injury
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The correct approach

How should the courts apply the Manual Handling Operations Regulations, asks Keith Patten

We have reached the 20th anniversary of the Manual Handling Operations Regulations 1992 (SI 1992/2793) and yet, despite this passage of time, there still seems to be a need for the Court of Appeal to remind judges of the nature of the obligations imposed and, in particular, their important distinction from many common law duties in negligence. This has led the Court of Appeal again to overturn a first instance decision in the case of Ali Ghaith v Indesit Co UK Ltd [2012] EWCA Civ 642.

The factual background

The claimant was employed by the defendant as a mobile service engineer. His job consisted of carrying out repairs in customers’ houses on items such as washing machines, refrigerators etc. In order to do this he used a van supplied by the defendants which carried a stock of equipment and parts that he may need on his visits. It was the practice, once a year, to undertake a full stock-take

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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