Managing the crossover

• A single set of facts may give rise to more than one potential cause of action, which causes of action might in turn be capable of determination in more than one jurisdiction.

It is very often the case, at the interface between personal injury and employment law, that a single set of facts may give rise to more than one potential cause of action, which causes of action might in turn be capable of determination in more than one jurisdiction. A claimant can therefore be faced with some important choices at the outset. It is essential that those providing advice to claimants in such circumstance are fully aware of the choices available and of the potential impact such choices may have.

On the other hand, defendants in cases crossing the boundary between these two areas of law need to be alert to the availability of potential defences where, for example, there has been a change of mind