Tort/DR: EXTRA Flashcards
What is the meaning of the fact that an employer’s duty to its employees is personal and non-delegable?
Employer can delegate tasks but is held legally responsible when a contractor it employed is negligent.
Can breaches of statutory duty be relied on by employees for a claim against an employer?
No but can be used to prove breach
Specifically, what do employers owe their employees a duty to provide?
- Competent fellow staff
- Adequate plant/equipment
- Provide and maintain a proper system of work and supervision
- Safe place of work
Damages for PI: when does loss of earning capacity apply?
If C is still working but would suffer a disadvantage on the job market in the future
NOT if they are no longer working at all
What happens if written questions are put to an expert who does not answer?
Court may order that:
1. Party instructing expert cant rely on the evidence of that expert
2. Fees of that expert are not recoverable
Deadline for expert to reply to written questions?
within 28 days of service of the report
What form must expert evidence be in to be admissible?
Report that complies with Part 35
When is permission not needed to commence part 20 additional claim?
If it is issued (before or) at the same time as filing the defence.
When do the rules of service of witness statements not apply and what can the judges do in these circumstances?
Small claims
Judge can still restrict evidence to ensure parties on =footing/case dealt with fairly
What form must expert evidence be in to be admissible?
A report that complies with Part 35
When will employers have breached their duty to provide a safe system of work via imposition of stress?
Threshold q: was stress reasonably foreseeable?
Consider:
1. Nature/extent of work done
2. Signs from the employees themselves
When do the rules on service/later service of witness statements not apply
Small claims
But judges can still restrict evidence
