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06 August 2021 / Vijay Ganapathy
Issue: 7944 / Categories: Features , Personal injury
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Tort: a new landscape?

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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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MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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