header-logo header-logo

13 May 2016 / Carrie de Silva
Issue: 7698 / Categories: Features
printer mail-detail

Get your facts straight

nlj_7698_desilva

What exactly was Mr Paris doing in Stepney Borough Council’s garage in May 1947, asks Carrie de Silva

Throughout my years of studying and teaching law I have read a good many law reports but not, I will admit, for every case encountered, or even for every case mentioned in lectures. Paris v Stepney Borough Council [1950] UKHL 3, [1951] 1 All ER 42, was one such, and will be well known to many, if not all, readers. It involved the finding of negligence against an employer for not ensuring that a one-eyed workman in a garage wore goggles, with the consequence that he was injured in his one good eye and rendered blind (his other eye having been lost on active service in 1941). Expert witnesses opined that it was not usual industry practice for (fully-sighted) men to wear goggles in carrying out this sort of work.

The question posed was: did an employer owe a duty of care to the claimant where, while the likelihood of injury was the same as for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll