0370 270 6000

Barber v Somerset County Council update

25 June 2003
The facts

Insurers will recall this claim, which was one of the tranche of 4 stress cases, heard by the Court of Appeal, and which is now before the House of Lords.

The parties have had some difficulty in agreeing what issues are to be heard by the House of Lords. Submissions were called upon by their Lordships from both Appellant and Respondent. Insurers had wished to argue the questions of contributory negligence (the Claimant being responsible for his own condition, largely because he failed to notify his employer of that condition) and the question of deductibility of ill-health pension – Parry -v- Cleaver. The House of Lords have refused to hear either issue.

The Claimant had wished to argue that the Management of Health and Safety at Work Regulations ought to give rise to a civil cause of action, most notably with regard to the question of risk assessment. Insurers may be relieved to hear that the House of Lords have indicated that they have no interest in that argument either.

Focus on...

Legal updates

Court of Appeal confirms exclusive English jurisdiction clause in excess liability policies in Canadian pipeline dispute

On 10 June 2022 the Court of Appeal upheld an anti-suit injunction granted in favour of insurers by Mr Justice Jacobs in September 2021 restraining proceedings from being brought in Canada and enforcing the exclusive English jurisdiction clause in excess liability policies.

View

Blogs

Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.

View

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up