header-logo header-logo

08 December 2023
Issue: 8052 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digest: 8 December 2023

Damages

Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377, [2023] All ER (D) 129 (Nov)

The Court of Appeal, Civil Division, allowed the appellant’s appeal from a decision which had determined that the appellant was liable to the respondent for all the consequences of his having contracted Parkinson’s disease. The respondent was a valued employee of the appellant. Later, the respondent was diagnosed as suffering from Parkinson’s disease. He filed an action and claimed damages from the appellant because it acted in breach of its common law and statutory duty in the period from 1982 to 1997 by exposing him to unsafe levels of trichloroethylene (TCE) in the course of his employment. The appellant alleged, among other things, that: (i) the judge had adopted the wrong legal test for establishing causation of what was acknowledged on all sides to be an ‘indivisible disease’; (ii) the judge misunderstood the evidence before him in assessing whether exposures to TCE in excess of occupational exposure limits occurred; and (iii) the finding of individual causation

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll