header-logo header-logo

Personal injury update

03 July 2008 / Nina Unthank
Issue: 7328 / Categories: Features , Personal injury
printer mail-detail

INTERPRETATION OF EQUIPMENT REGULATIONS
PI DAMAGES FOR PUBLIC NUISANCE

STATUTORY DUTY
Lord Justice May began his judgment in Mason v Satelcom and another [2008] EWCA Civ 494, [2008] All ER (D) 175 (May) by commenting that “there is a risk that lawyers, including judges, being obsessed with the meaning of abstruse secondary legislation, may lose sight of the real world”. In Mason, the Court of Appeal had to consider the nature and extent of statutory duties owed by non-employers to workers injured while working on their premises.

The facts of the case were that Mr Mason was sent by his employer Satelcom Ltd to maintain some IT equipment located in a cabinet about eight feet from the ground. The equipment was owned by the London Borough of Redbridge but was stored in a server room owned and controlled by East Homes Ltd. On arrival at the server room, the claimant saw a ladder by the cabinet which he decided to use to carry out his maintenance duties. As the ladder was only five feet high, Mason

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll