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Law Bulletin - January 2005

Ice on the road cases [Liability]

There is an article in Personal Injury Law Journal November 2004 about the statutory duty for highway authorities to treat icy or snowy highways from 31 October 2003 (s41(1A) Highways Act 1980 as amended).

Can a court record be disclosed after the case is settled [Practice and Procedure]

In a commercial case, the Guardian newspaper wanted to inspect pleadings and witness statements in a case that settled part way through the trial. The defendants opposed the application disputing whether the court had jurisdiction to grant permission on the basis that, since the case was over, “the court” no longer existed and it was impossible for permission to be given.

Employment Tribunal compensatory awards [Damages]

The maximum amount an Employment Tribunal can award as a compensatory award will be increased from 1 February 2005 from £55,000 to £56,800, under The Employment Rights (Increase of Limits) Order 2004.

Workplace transport accidents [Health & Safety]

This is the second most common cause of accidental fatalities at work. Although the common cause is forklift trucks and HGV's in loading bays, there is a high level of accidents in work car parks too.

Safe system or working where claimant is both employee and director [Other News]

The claimant fell from a ladder and was badly injured. The action was settled by the occupiers of the building who then claimed a contribution from the claimant’s employers who had been sub-contracted to fit cabling for a fire alarm system.