Author Archives: Edward McGarr
Chemical Hazards at Work
A toxic chemical is a poison. The poison may enter the body through the skin and not simply by the obvious routes of ingestion or breathing. Effects may not be immediate; a chemical may have a chronic effect, rather than an immediate acute effect.
The Outcome
Medical negligence litigation is unlike litigation generally. The cases throw up arguments about causation the like of which do not appear elsewhere.
Repetitive Strain Injury
Assembly workers in some employments may be exposed to very high repetitions of movements daily. The condition may have different names; Synovitis, Bursitis, Tenosynovitis, Tendinitis, Peritendinitis, Epicondylitis or even Carpal Tunnel Syndrome.
Another Defective Motor Car
“The issue to be decided is what damages the plaintiff should be entitled to recover. He has sold the car now, and he had the use of the car since January 2003 until March 2006 and he travelled 56,000 miles in it over that period.”
News?
This may be true, but those documents must be relatively very few. In addition, if the “advice” is in fact correspondence between conspirators, the fact that one of the conspirators is a lawyer is not a bar to the introduction of the document in evidence against all the conspirators, including and particularly, the lawyer.
Skin Disease
It is generally agreed that skin disease is the commonest occupationally-caused disease.
Fighting (2)
For the Plaintiff, “fighting” did not require him to give evidence; the case was run purely on legal arguments. Although the judgement of the three-judge Court of Appeal was unanimous in his favour, the legal arguments were sufficiently cogent to defeat him in first instance (and to have attracted the Defendants’ lawyers to the course of action they took, in the first instance).
Drink-Cycling
In case you decide to cycle from the pub, see Section 51 of the Road Traffic Act 1961.
Employers’ Duties
An employer owes duties to employees under Common Law and statute. The common law duties have been developed by the courts as they decide cases on accidents at work.
Fighting (1)
Litigation lawyers fight. If a lawyer is not generally fighting, he/she is not in litigation. Sometimes the lawyer is fighting for a plaintiff and sometimes the lawyer is fighting for the defendant.