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19 November 2009 / Dan Mccauley
Issue: 7394 / Categories: Features , Personal injury , Employment
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Flying high

A commonsense approach is plane obvious, says Dan McCauley

Accidents at work can often lead to hefty compensation claims and in high-profile cases, the damage to an employer’s reputation is often difficult to recover from. However, away from the headlines many courts are taking a commonsense approach to claims for damages following accidents in the workplace. 

Claims for injuries occurring while an employee is at work can also adversely affect businesses through a loss output, damage to their reputation and increasing insurance rates, all before the case is even heard in court. But as a recent case demonstrates, defendant employers should not always have to worry that the courts will hold them liable for injuries caused in these kinds of accidents so long as they have implemented the relevant health and safety procedures correctly.

In Hough v Monarch Airlines Limited,  the claimant was employed by the defendant airline as a cabin purser. Her duties during the course of a flight included, amongst other things, supplying passengers with DVD digi players and these were dispensed by means

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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