Reasonable practicability: Too much to ask?

Civitas Chambers | Personal Injury Law Journal | April 2020 #184
Bethan Davies reports on a case which reaffirms that proving a measure to be unreasonable is an onerous duty on defendants ‘At first instance the judge should have asked whether the measure would have been “grossly disproportionate”, rather than merely asking on the balance whether the measure would have been proportionate.’ The first instance judgment …

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Health And Safety At Work: Back to 1898

Deans Court Chambers (Chambers of Craig Sephton QC) | Personal Injury Law Journal | March 2015 #133
Tim Trotman outlines the effect of the Enterprise and Regulatory Reform Act 2013 on personal injury litigation ‘No diminution of a pre-existing national standard is permissible by the introduction of a national law intended to implement European health and safety directives.’ Where a breach occurred before 1 October 2013, regulations introduced under the Health and …

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Case Report: Ghaith v Indesit Company UK Ltd [2012] EWCA Civ 642

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | July/August 2012 #107
Liability; manual handling accidents ‘The reasoning of this case provides encouraging reading for claimants and their advisers and dispiriting reading for defendants and theirs.’ This case provides a telling illustration of the stringency of the Manual Handling (Operations) Regulations 1992 and the evidential difficulties that a defendant is likely to face rebutting liability under such …

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