Case Report: Foulds v Devon County Council [2015] 9/1/15 Lawtel

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | June 2015 #136
Public authority; duty of care; acts or omissions ‘Foulds is a useful reminder of the importance of analysing whether or not a case is, in essence, based on an omission, rather than a positive act, by a public authority.’HHJ Cotter QC followed the important line of legal authorities which significantly restrict the circumstances in which …

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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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Occupiers Liability: Voluntary risk

Farrer & Co | Personal Injury Law Journal | April 2014 #124
In the first of a two part article Christopher Jessel analyses the difficult issues which arise when pursuing injury claims which occurred on recreational land ‘The rules for occupiers’ liability can apply differently to open spaces used for recreation from the way they do to enclosed premises such as buildings, especially where access is not …

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