1. PERSONAL INJURY LAW UPDATE

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

3. 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

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

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

6. 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?

7. 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