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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll