Vijay Ganapathy considers the future significance of recent cases in tort on foreseeability, quantum & withdrawal of Part 36 offers
- Begum v Maran (UK) Ltd: foreseeability and liability for overseas activities.
- Head v Culver Heating Co Ltd: quantum
- Wormald v Ahmed: settlements and limitations of Part 36 offers:
During lockdown the courts have continued to consider and hand down judgments in cases which are likely significantly to alter the future landscape in many areas of tort.
An example is Begum v Maran (UK) Ltd [2021] EWCA Civ 326, where the claimant (B) issued proceedings following the tragic death of her husband, MD Khalil Mollah (K). K suffered a fall while involved in dismantling a decommissioned ship, the Maran Centaurus (MC), at a shipbreaking yard in Chattogram, Bangladesh.
The International Labour Organisation has described shipbreaking as ‘one of the most dangerous jobs in the world’. The court heard that unskilled workers employed in their thousands are exposed to both physical and chemical hazards (many
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