PERSONAL INJURY LAW UPDATE

PERSONAL INJURY LAW UPDATE IOSH London Met Branch Partnership Workings 11 October 2011 PERSONAL INJURY LAW UPDATE Gerard Stilliard Thompsons Solicitors LLP

Jackson/Clarke reforms no success fee no “after the event” insurance no access to justice? decreased attention to health and safety? fewer developments in H&S/PI law

Threlfall v Hull City Council PPE importance of risk assessment does PPE prevent or adequately control the risk of injury? If not  unsuitable

Bhatt v Fontain Motors Ltd working at height avoid the risk! if you can’t, make sure the equipment is appropriate

Baker v Quantum and others all the way to the Supreme Court – PI is easy?? 7 test cases for NIHL from work in the textiles industry date of knowledge? Can vary from employer to employer safety is relative – the “state of the art defence” future for NIHL cases?

Geary v JD Weatherspoon plc occupiers’ liability acceptance of risk genuine informed choice (?!) no duty on occupier to protect claimant against the risk she has assumed or prevent it from being a risk