This site uses cookies.

Summary of Recent Cases, May 2019

15/05/19. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

Summary of Recent Cases - Substantive Law

Shelbourne v Cancer Research UK [2019] EWHC 842 (QB)

The Claimant was injured at her work Christmas party. It was a party for staff and guests which had been organised by an employee. She was approached by a visiting scientist on the dancefloor who, having drunk alcohol during the evening, attempted to lift her off the ground. When he attempted to do so, he dropped her and she sustained a serious back injury. The Claimant argued that her employer was liable for her injuries either because of its own negligence or because it was vicariously liable for the visiting scientist's actions. At first instance, the claim was dismissed on the basis that the Defendant had not breached its duty of care and that the Defendant was not vicariously liable.

On appeal, it was held that the trial judge had been entitled to find that the Defendant had taken reasonable steps in the planning and operation of the party and had not breached its duty of care to the Claimant. In relation to the question of vicarious liability, it was held that the visiting scientist had not been required to attend the party and that he was not doing his laboratory work on the dancefloor. The Claimant's argument that the...

Image ©

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.