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Does The Failure To Wear A Seatbelt Mean Sharing Responsibility For A Road Traffic Accident? (Student Blog)

The case of Froom v Butcher [1975] investigates the idea of whether not wearing a seatbelt could be seen as contributory negligence. Contributory negligence is the idea that the claimant’s conduct affected their own safety, increasing the damage or harm they suffered in the accident. Therefore, this case examines the [...]

By |2020-10-15T14:40:42+01:00October 15th, 2020|Student Case Blogs|

Can Employers Dismiss Employees Even If They Are Still Able To Do Part Of Their Job? (Student Blog)

Shook v London Borough of Ealing [1986] IRLR 46 Shook v London Borough of Ealing concerned whether the dismissal of an employee, on the grounds of incapability, was fair when she was still able to do part of her job. Facts of the case Miss Shook, who was a residential [...]

By |2020-09-30T14:27:36+01:00September 30th, 2020|Student Case Blogs|

How Do Courts Assign Liability In Medical Negligence Cases When There Are Multiple Possible Causes? (Student Blog)

O’Connor v The Pennine Acute Hospitals NHS Trust [2015] EWCA Civ 1244 concerned a case of medical negligence. It was recognised in the case that “[i]t is not an uncommon feature of litigation that several possible causes are suggested for the mishap which the court is investigating”. Facts The claimant [...]

By |2020-09-30T14:22:14+01:00September 27th, 2020|Student Case Blogs|

What is the ‘Without Prejudice’ Rule and When Might it Apply in Employment Disputes? (Student Blog)

What is the ‘Without Prejudice’ rule? ‘Without prejudice’ is a statement typically used on top of documents or at the start of conversations which help to settle disputes without involving lawyers. It means that the contents of the documents/letters/conversations cannot be used legally as evidence in a case, as ‘without [...]

By |2020-09-23T16:52:21+01:00September 23rd, 2020|Student Case Blogs|

What Reasons Are Relevant To The Reasonableness Of A Dismissal? (Student Blog)

GM Packaging (UK) Ltd v Haslem [2014] UKEAT 0259_12_2901 concerned the alleged unfair dismissal of two employees after they engaged in sexual activities in the workplace. This case is noteworthy for concluding that it is not appropriate to only look at the principal acts of misconduct when considering the reasonableness [...]

By |2020-09-23T16:52:56+01:00July 30th, 2020|Student Case Blogs|

How Should Tribunals Assess Whether A Decision To Dismiss An Employee Is Unfair?

Iceland Frozen Foods Ltd v Jones [1982] IRLR 439 Iceland Frozen Foods Ltd v Jones concerned the dismissal of an employee for failing to fulfil his security duties and alleged participation in a scheme to slow progress during a shift to qualify for overtime pay. The case is notable for [...]

By |2020-07-14T15:11:23+01:00July 14th, 2020|Student Case Blogs|

Can ‘public interest’ be used as a defence to a breach of confidentiality?

In Lion Laboratories Ltd v Evans and Others [1985] QB 526 the court considered whether the gravity of public interest in a piece of information could act as a defence to alleged breach of confidentiality, where that information had been taken without the knowledge of the other party and given [...]

By |2020-07-15T12:31:55+01:00July 13th, 2020|Student Case Blogs|

How Should The Court Approach A Case Of Clinical Negligence That Worsens A Pre-Existing Condition?

Reaney v University Hospital of North Staffordshire NHS Trust & Anr [2015] EWCA Civ 1119 Background Causation in cases of negligence is normally decided on a ‘but for’ basis, with the court asking the question ‘but for the negligence, would the claimant have sustained the loss complained of?’ However, cases [...]

By |2020-06-08T10:53:45+01:00June 8th, 2020|Student Case Blogs|

Cycle Licensing – Putting Public Safety At The Forefront Of The UK’s ‘Cycling Boom’.

Two years ago, whilst driving home from work, a cyclist swerved in front of me and was recklessly riding his cycle whilst looking directly at me, clearly trying to distract me.  He followed me home and waited until I parked up before cycling away.  I called the police but unfortunately [...]

By |2020-05-25T09:58:34+01:00May 25th, 2020|Student Case Blogs|

When might a speeding claimant share responsibility for a road traffic accident?

ENRIQUE LEON HERNANDEZ V EMRE ACAR, EUI LIMITED [2019] EWHC 72 (QB) This case covers how responsibility for a road traffic accident can be split between the driver of a vehicle who pulls out with an obstructed view and the driver of a speeding vehicle. The case facts On the [...]

By |2020-04-06T09:41:00+01:00April 6th, 2020|Student Case Blogs|
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