header-logo header-logo

Tort: a new landscape?

06 August 2021 / Vijay Ganapathy
Issue: 7944 / Categories: Features , Personal injury
printer mail-detail
54498
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 of these ships contain asbestos,

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
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
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
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
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
back-to-top-scroll