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01 July 2007
The Court of Justice of the European Communities has rejected an application by the
Commission of the European Communities for a declaration that, by restricting the duty on employers to ensure the safety and health of workers in all aspects related to work to a duty to do only that which was “so far as is reasonably practicable”, the UK had failed to fulfil its obligations.
The claimant was bullied and harassed by a manager resulting in the onset of psychological injuries. He lodged a formal harassment at work complaint.
Twenty per cent seems to be the figure of the month for Judges. In Walker -v- G F Tomlinson Building at Stoke on Trent County Court on 11 May 2007 the claimant, a building inspector, was on the defendants’ site and trod on a plywood cover over a manhole.
The claimant was walking along an external corridor towards a set of double doors.
The claimant was a minor suing through his Litigation Friend. He was injured in a road traffic accident involving an untraced motorist.
In an RTA case the claimant at trial failed to exceed a payment in, under Part 36 of CPR. His solicitors acted under a CFA providing for a success fee of 100 per cent. The Deputy District Judge and the Judge on appeal held that the court had no discretion to award a different success fee.
In another case involving periodical payments, the Judge said: “It can be said with a degree of certainty that indexing future care costs who are PI will result in a significant and possibly substantial shortfall.”