Sutherland v Hatton [2002] EWCA Civ 76 – Law Journals

Case Report: BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188

Apportionment of liability; psychiatric injury; pre-existing illness ‘The tone of Underhill LJ’s judgment is that it will be difficult to convince a court that apportionment is not going to be possible.’ This case revisits the vexed question of divisibility of psychiatric (and other) injury. It is an employment case of wide importance and application. The …

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Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Civil Claims: They think it’s all over – but often it’s not

Stuart Jones and David Miers investigate the trend for employees to relaunch employment claims in the civil courts ‘Subtle changes in the way that an employee pleads the claim or sets out the facts underpinning the claim may enable them to reprise an old grievance successfully.’ To the dismay and despair of many employers, it …

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Occupational Stress: High Court takes robust approach to foreseeability

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Simon Fenton discusses the latest in a line of cases on employers’ duty to protect workers from mental injury ‘Warning signs from employees will play a fundamental role in establishing liability because once the employer is on notice of the adverse effects of stress, the consequences are more foreseeable.’ If someone wants to claim personal …

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Clinical Negligence: Delayed diagnosis in cancer cases and proof of causation

In conclusion to his two-part article, Julian Matthews reports upon a further recent decision in this complex area of medicine and law, and reflects upon whether similar cases can still be pursued given the recent changes to the rules on costs My last article for the Personal Injury Law Journal concerned awards of damages for …

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Industrial disease: Divisible and indivisible injuries

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Tim Trotman reviews the tests for factual causation following Sienkiewicz v Greif (UK) Ltd ‘The tests can be encapsulated in familiar phrases: “but for”, “material contribution”, “material increase in risk” and “apportionment”, but discriminating factual cases and matching them to the correct legal test has become far more difficult in the recent past.’ This article …

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