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06 August 2021 / Vijay Ganapathy
Issue: 7944 / Categories: Features , Personal injury
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Tort: a new landscape?

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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

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Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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