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Law digest: 8 December 2023

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
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