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09 March 2007 / Helen Bell
Issue: 7263 / Categories: Features , Damages , Personal injury , Employment
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Personal injury update

Employers' liability for occupational stress, Interpretation of the Uninsured Drivers' Agreement 1999, Section 14(2) of the Limitation Act 1980

STRESS AT WORK

In Daw v Intel Corp (UK) Ltd [2007] EWCA Civ 70, [2007] All ER (D) 96 (Feb) the Court of Appeal considered, in the light of guidance previously provided by Lady Justice Hale (as she then was) in Hatton v Sutherland [2002] EWCA Civ 76, [2002] 2 All ER 10, what steps an employer must take to discharge its duty of care to an employee who is alleged to have suffered from occupational stress.

Tracy Daw had worked for Intel for around 13 years before she ceased work in June 2001 after a breakdown. She was initially employed by Intel as a finance assistant, during which time she had two periods off work because of postnatal depression.

Daw was subsequently promoted to mergers and acquisitions payroll integration analyst which required her to integrate into Intel’s payroll
employees acquired as a result of company takeovers. This was accepted to be a

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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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