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14 April 2011 / Keith Patten
Issue: 7461 + 7462 / Categories: Personal injury
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A hit at work

Keith Patten explores the difficulties involved in an employee suing their employer for an injury sustained in an attack at work

There are many workers who face the threat of assault in the course of their employment. In general the courts have been reluctant to find employers liable in negligence for injuries sustained in such assaults. In part this stems from underlying policy concerns to do with the nature of negligence law itself.

To a large extent, the modern law of negligence grew out of 19th century liberalism and notions of personal responsibility. Ideas of corrective justice are comfortable imposing liability on defendants for injuries which they have clearly caused. There is a reluctance to impose such liability where the direct and immediate cause is third party conduct, particularly where that conduct has elements of criminality (whether or not the assailant was, in fact, capable of forming the necessary mens rea of any offence).

Vaile v London Borough of Havering

The issue of an employer’s liability in negligence for the injuries suffered

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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

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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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