Searching Content indexed under Personal Injury by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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"Inspecting" How To Run A Successful Defence
In these two cases, we examine how effectively to defend occupiers' liability claims based on an adequate system of inspection of the accident site designed to detect developing hazards.
7 Apr 2011
Things Fall Apart
A recent case confirms that causation is still a critical issue in tree-related claims against local authorities and that breach of duty alone will not suffice in establishing liability.
7 Apr 2011
Mesothelioma: Employers’ Liability Trigger Litigation
The judgment of the Court of Appeal in the combined appeals more commonly known as the Employers’ Liability Trigger Litigation was handed down today (8 October) by the Court of Appeal.
12 Oct 2010
The Curious Tale Of The Lord Justices And The Ramp
In Smith, the House of Lords has given guidelines as to the extent of liability imposed on employers under the Provision and Use of Work Equipment Regulations 1998, for defective work equipment which is not owned, or under the immediate control of a defendant employer.
15 Sep 2009
The British ´Erin Brockovich´
A "toxic tort" action is a special type of personal injury claim in which the claimant alleges that exposure to a toxic substance has led to some form of harm or disease.
10 Sep 2009
Disclosure Of Insurance Cover: A New Frontier?
The case of Harcourt v Griffin and others (2007) paved the way for claimants to request disclosure of a defendant's insurance arrangements.
9 Jan 2009
Costs - Sense And Sensitivity
Carver v BAA plc 2008 Court of Appeal. “The issue in this Appeal boils down quite simply to this: if a claimant beats a payment of money into court by a modest amount, even £1, has she obtained a judgment more advantageous than the defendant’s Part 36 Offer or is the court entitled to look at all the circumstances of the case in deciding where the balance of advantage lies?”
23 Apr 2008
Smoking Ban - A Health Warning To Employers?
Since 1 July smoking has been prohibited in the workplace. Under the Health Act 2006, employers will now be criminally liable and exposed to fines if they fail to enforce the ban. But will the ban also lead to a rise in employment claims against employers?
15 Nov 2007
Personal Injury And General Damages
Personal injury and general damages table
12 Jul 2007
Workplace Safety And Health: Cabin Crew Personal Injury
Employers in Hong Kong should note a recent judgment of the Hong Kong Court of Final Appeal which has found that an employer can be liable for injury to an employee which has been caused by foreseeable negligence on the part of the employee.
5 Oct 2006
Pleural Plaques Under The Spotlight Again
Pleural plaques are very common effects of asbestos inhalation, detected by means of a chest scan. Their presence does not normally occasion any symptoms. However, because they indicate that permanent penetration of the lungs by asbestos fibres has definitely occurred, the individual concerned can suffer anxiety about the possible future onset of disease.
23 May 2006
Highlights on CAAC’s new Emergency Response Regulations
The Civil Aviation Administration of China (‘CAAC’) issued a new regulation on ‘Flight Accident Emergency Response and Family Assistance’ (‘Emergency Response Regulations’) in respect of civil aviation accidents, which came into effect on 1 January 2006. The procedures introduced by this legislation follow the implementation of similar programs in other jurisdictions. The regulation seeks to establish a framework for the provision of assistance in the emergency response following an aircraft a
13 Apr 2006
Reviewing The Domestic Liability Limits for Passengers in China
On 16 December 2005, the National People’s Congress (‘NPC’) introduced two new procedures which allow individuals or organisations to request that the Standing Committee of the NPC reviews the legality of regulations or judicial explanations, which they feel oppose the Constitution or any of the higher laws in China.
13 Apr 2006
Asia-Pacific Aerospace Briefing - Recent Legislative Changes in Hong Kong
Legislative changes in Hong Kong SAR will shortly see the former colony adopt the Montreal Convention 1999, bringing it into line with the PRC and Macau SAR.
13 Apr 2006
China: BLG China Aerospace Briefing
A review of business, insurance and legal developments affecting the aerospace sector in China, Hong Kong, Macau and Taiwan.
22 Oct 2004
Olympic Airways v Husain An Unusual and Unexpected Decision
On 24 February 2004, the Supreme Court of the United States handed down its decision, on appeal from the Ninth Circuit Court of Appeals
17 Mar 2004
Carriage by Air and DVT: The Story so Far…
Air Carries are not liable to compensate passengers suffering from DVT during or arising out of flight, unless they can identify an event that caused their injury.
4 Feb 2004
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