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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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