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08 December 2023
Issue: 8052 / Categories: Case law , In Court , Law digest
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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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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