header-logo header-logo

06 August 2021 / Vijay Ganapathy
Issue: 7944 / Categories: Features , Personal injury
printer mail-detail

Tort: a new landscape?

54498
Vijay Ganapathy considers the future significance of recent cases in tort on foreseeability, quantum & withdrawal of Part 36 offers
  • Begum v Maran (UK) Ltd: foreseeability and liability for overseas activities.
  • Head v Culver Heating Co Ltd: quantum
  • Wormald v Ahmed: settlements and limitations of Part 36 offers:

During lockdown the courts have continued to consider and hand down judgments in cases which are likely significantly to alter the future landscape in many areas of tort.

An example is Begum v Maran (UK) Ltd [2021] EWCA Civ 326, where the claimant (B) issued proceedings following the tragic death of her husband, MD Khalil Mollah (K). K suffered a fall while involved in dismantling a decommissioned ship, the Maran Centaurus (MC), at a shipbreaking yard in Chattogram, Bangladesh.

The International Labour Organisation has described shipbreaking as ‘one of the most dangerous jobs in the world’. The court heard that unskilled workers employed in their thousands are exposed to both physical and chemical hazards (many of these ships contain asbestos, mercury and even radioactive compounds) causing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll