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22 July 2010 / Richard Scorer
Issue: 7427 / Categories: Features , Personal injury
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A false alarm?

Despite fears, the liability floodgates have not opened post Majrowski. Richard Scorer explains why

One of the arguments called upon by the insurance industry when claimant personal injury lawyers try to expand the boundaries of tort law is the “floodgates” argument: surely, it is argued, an expansion of liability in such-and-such case will lead to the courts being clogged with unmeritorious claims.

The “floodgates” argument was deployed in 2006 when the House of Lords heard the case of Majrowski v Guys and St Thomas’s NHS Trust, [2006] UKHL 34, [2006] 4 All ER 395. Majrowski was the case in which the House of Lords held that an employer could be vicariously liable (in civil law) for breaches of the Protection from Harassment Act 1997 (PHA 1997) committed by an employee in the course of his employment. Four years on, have the floodgates opened?

Majrowski, who was employed by the trust, alleged homophobic bullying and intimidation by his departmental manager. He claimed damages against the trust pursuant to s 3 of the Act, for distress

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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