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15 October 2010 / Keith Patten
Issue: 7437 / Categories: Features , Personal injury
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High & dry?

Keith Patten passes judgment on the Court of Appeal’s first decision on the Work at Height Regulations

For many personal injury practitioners the Work at Height Regulations 2005 (the Regulations) may not have been at the forefront of their minds in most claims. But the first case under the Regulations to come before the Court of Appeal has indicated how important they may prove to be in certain workplace claims, and has had some interesting and important things to say about the courts’ attitude to the network of statutory health and safety protection in the workplace generally.

The facts

The case in question, Bhatt v Fontain Motors Limited [2010] EWCA Civ 863 was an appeal by the defendant against a decision of the recorder in favour of the claimant, subject to a hefty finding of contributory negligence. The defendants occupied a car showroom at which the claimant worked. The defendant had acquired the premises in 2005 and had brought with it items from two previously occupied premises. These items included some 20 or 30

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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