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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll