This course presented by Cenric Clement-Evans and APIL president, Brett Dixon carries on from the success of the previous series and will cover all the latest cases, and provide a full update on developments in statute and regulations affecting this area.
The course will be visiting 7 locations nationwide and the day will be packed with up to date material including:
Masterclass in running employers liability cases post Enterprise Act
- Where have we got to?
- What are the best ways of pleading and running your cases?
- Regulations still matter
PTSD and psychiatric harm in an employers liability context
- Damages issues where the harm was caused by the employers behaviour subsequent to the incident
- Investigation of unfounded complaints and the effect on the individual of the process
The latest on vicarious liability from the Supreme Court
- What features are needed in a quasi-employment relationship to establish vicarious liability?
- What level of control is sufficient?
More on vicarious liability
- How broad is the sufficiently close connection test?
What is a workplace and what is work equipment?
- The domestic premises exclusion in the Workplace, Health, Safety and Welfare Regulations 1992
- Does repairing a piece of equipment bring it within the definition of work equipment?
- The role of risk assessment in winning cases both pre and post Enterprise Act
Causation in cases of alleged poor maintenance
- How causation works in cases of alleged poor maintenance
Hindsight and contributory negligence
- How contributory negligence works
- The difference between contributory negligence and momentary inadvertence
Risk assessment and manual handling
- When is the risk sufficient to require an employer to carry out a manual handling risk assessment?
- The status of the HSE guidance on weights and risk
Risk assessment in a business and the interaction with persons other than employees
- Use of the employers liability regulations to plead other types of cases
- When is a failure to risk assess causative?
Fire safety in construction
- An update on fire safety in construction
Contributory negligence, apportionment and statutory duties
- Causative potency and relative blameworthiness
- The importance of pleading statutory duties in this context
- Contingent liabilities – where the danger is created pre-transfer and eventuates post transfer
Vnuk in a workplace context
- When will compulsory motor insurance cover a vehicle being used solely for work
The moving law on what is an actionable injury
- What is needed
- Asymptomatic physiological changes
- The role of loss of amenity
- Where next?