June 2018 #166 – Law Journals

Case report: Dryden v Johnson Matthey plc [2018] UKSC 18

Asymptomatic physiological changes; actionable injury; economic loss ‘The claimants (appellants) were negligently exposed to platinum salts by their employer in breach of statutory and common law duty. They developed platinum salt sensitivity, in itself an asymptomatic condition.’ In Dryden v Johnson Matthey plc [2018], Lady Black gave the sole judgment for the Supreme Court allowing …

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CPR Part 7: Breaking with protocol

Luke Ashby outlines when it is reasonable to leave the EL/PL Protocol ‘The judge found whether the finger was injured or not was a significant issue of fact which meant the matter was not suitable for resolution under Part 8.’ In Nicholls v The Ambassador Theatre Group [2018], I successfully secured a finding that the …

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Safeguarding: Child sexual abuse in sport

Philip MD Grundy and Paul Stewart consider who are the potential defendants in an action for damages and preventative measures for the future ‘It is arguable that a coach committing abuse has done so in the course of an activity for the benefit of the FA and the football club.’ Childhood sexual abuse in sports …

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Employment: Sexual harassment in the workplace

Marianne Tutin examines how claims for sexual harassment can be brought in the civil courts, particularly if limitation is an issue for employment tribunal proceedings ‘For the purposes of the Equality Act 2010, anything done by an employee in the course of their employment is treated as having also been done by the employer.’ Since …

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Non-surgical cosmetic procedures: Not looking so good

Ruwena Khan analyses the effectiveness of government reform amid the growing number of complaints after cosmetic interventions ‘The guidance from professional bodies is more succinct than pre-review and sets out various codes of practices that should be adhered to by medical professionals carrying out cosmetic treatment.’ The origins of plastic surgery, a medical speciality concerned …

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Fundamental dishonesty: More than a little white lie

Andrew Middlehurst discusses how s57 of the Criminal Justice and Courts Act 2015 is being interpreted ‘These cases all show that there is a clear approach to addressing the question of fundamental dishonesty and that a claimant cannot simply rely on the fact they will “miss out” on compensation to show they will suffer substantial …

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Duty of care: Finding fault

In the first of a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg summarise the background to the Court of Appeal decision in CN v Poole Borough Council and the line of relevant authorities on negligence ‘It was argued that a line of authorities demonstrated that it was well established that vulnerable …

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Costs: All roads lead to Rome

Although the route may be different, the amount of costs awarded may be similar under the Protocol or the court’s general discretion under CPR 44.3, as Paul Jones explains ‘There is no reason why a judge assessing costs could not assess a reasonable sum as a sum equivalent to fixed costs, but this is different …

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