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07 June 2007 / Natalie Johnston
Issue: 7276 / Categories: Features , Commercial
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A bridge too far?

Should employers expect to recoup the management costs of resolving a tort? Natalie Johnston investigates

Time is money, or so the saying goes. So what happens when a business’s employees have to divert a substantial amount of their time to the investigation or mitigation of a tort or breach of contract? Can the business recover the costs of the employees’ time?

R + V Versicherung AG v Risk Insurance and Reinsurance Solutions SA [2006] EWHC 42 (Comm), [2006] All ER (D) 209 (Jan) confirmed that a business can recover the cost of wasted staff time spent on the investigation or mitigation of a tort as a separate head of loss. The ability to recover will depend on whether or not the business can show with certainty that the expenditure relates to the investigation or mitigation. There is no need to show that there has been additional expenditure or loss of profits.

Bridge Communications

Bridge UK Com Ltd (t/a Bridge Communications) v Abbey Pynford plc [2007] EWHC 728 (TCC), [2007] All ER (D) 156 (Apr) shows how the court has applied these principles and

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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