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Law Bulletin - January 2007

Strict Liability for faulty work equipment – is foreseeability relevant? [Liability]

It seems strange that arguments about foreseeability still arise when work equipment is faulty and causes injury.

Assaults on nursing staff in high security hospitals [Liability]

An NHS trust was negligent in not implementing policies recommended by the Safety and Security in Ashworth, Broadmoor and Rampton Hospital Directions 2000.

Animals’ Act case [Liability]

The horseman was at a display at Windsor Castle to celebrate the Queen’s jubilee.

Trips and slips [Liability]

The case below failed.

Workplace Regs / Occupiers’ Liability overlap for visiting worker [Liability]

The claimant was a meter reader.

Slip on ice when gritting [Liability]

The claimant had to grit icy areas as part of her job as school caretaker.

Training and instructions go beyond the manual to watching staff in action [Liability]

Employees used a fish knife to open tied bags.

New limitation cases [Practice and Procedure]

There has been a series of recent cases dealing with limitation issues, some of them affecting disease cases.

Patient only entitled to interest after approval of settlement [Practice and Procedure]

The claimant was a patient suing by a litigation friend.

Stop press [Damages]

From 6 April 2007 Defendants definitely will not be compelled to pay in when making offers , but pre-action admissions will be binding.

Weather reports [Information]

Before incurring a fee for a detailed weather report, there is information on the BBC website that can be helpful when we need basic information that may help in making a liability decision.