Definition of “work equipment” – Hammond v Metropolitan Police overturned

The House of Lords have redefined “work equipment” and in doing so disapproved the Court of Appeal decision of Hammond v Commissioner of Police of the Metropolis which limited PUWER to “tools of the trade” (Spencer-Franks v Kellog, Brown and Root Ltd and Talisman Energy UK Ltd).

Duty of care in the leisure industry

In Poppleton v. Trustees of Portsmouth Youth Activities Committee the Court of Appeal examined the extent of duty of care owed by the leisure industry to individuals injured when taking part in unsupervised activities, in this case indoor climbing.

Limitation Act and knowledge of significant injury in abuse claims

A person who had been raped must know that he or she had suffered not only a grave wrong but also a significant injury for the purposes of the Limitation Act 1980 s.14 (Albonetti v Wirral Metropolitan Borough Council).

Refusal of Defendant’s offer of replacement car is a failure to mitigate loss

Where a victim of an RTA refused the Defendant’s offer of a replacement car free of charge and chose instead to obtain a vehicle on credit hire, she was not entitled to claim anything for the hire cost (Steadman v TNT).

Vicarious liability for punch thrown during rugby match

It was fair and just to hold a rugby club vicariously liable for a punch thrown by one of its players, as it was closely connected with his employment as a semi-professional rugby player (Gravil v Carroll and Redruth Rugby Football Club).

Standard to apply to defect in carriageway at crossing point

The Judge had been right to conclude a claim had not been fraudulent but had erred in finding that the location of a defect in a highway was more akin to the pavement than the carriageway, and had thus applied too high a standard in assessing whether the defect was dangerous (Jeanette Cenet (nee Mcglennon) v Wirral Metropolitan Borough Council).

Claimant’s loss of earnings claim not prevented by his criminal act.

A Claimant who had suffered severe PTSD and who had been convicted of manslaughter on the grounds of diminished responsibility was entitled to pursue a claim loss of earnings after the date of the manslaughter, as his claim was not barred by the principle of ex turpi causa (Gray v. Thames Trains Ltd and Network Rail Infrastructure Ltd).

A duty on a local authority to supply equipment did not give rise to a cause of action at common law

An alleged common law duty of care imposed on a local authority to supply equipment within a reasonable time was in substance a statutory duty, which was not actionable at the suit of a private individual (Sandford and Scherer v Waltham Forest London Borough Council).

Apportionment of liability where driver accelerated to prevent overtaking

The Appellant appealed against the apportionment of liability where he had allegedly twice accelerated to prevent the Respondent motorcyclist from overtaking (Ogden v Barber & Anor; Chadwick v Barber & Anor).