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X-rays revealed development of pleural plaques, but these would remain asymptomatic. Held: Material damage sufficient to set time running was the same as damage.

Unreported 29 July , [] CLY Cited — Brunsden v Humphrey CA The defendant had negligently caused damage to a cab driver and his vehicle in the same accident.

The cab driver obtained damages for the damage to his vehicle. Held: He was not disentitled from bringing fresh proceedings for damages for.

She was at home at the time of the accident, but went to the hospital immediately when she had heard what had.

Held: Neither the risk of future injury nor anxiety at the prospect of future injury is. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.

Held: Smith LJ dissenting The. Held: Employers have a duty to take reasonable care for the safety of their employees.

There are. Times Feb, Gazette Mar, [] EWCA Civ 76, [] 2 All ER 1, [] ICR , [] PIQR P, [] Emp LR , [] IRLR , 68 BMLR Cited — Barber v Somerset County Council HL 1-Apr A teacher sought damages from his employer after suffering a work related stress breakdown.

Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his.

The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for.

A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion.

The child was burned. Children tried to repair it, jacked it up, and a child was injured when it fell. It was argued for the boy, who now appealed dismissal of his claim by the Court of Appeal,.

Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time.

Gazette Jun, Independent May, Times May, 92 LSG 33, [] RTR , [] AC , [] 2 All ER , [] UKHL 7, [] PIQR P, [] 2 WLR , [] 2 Lloyds Rep 95 Cited — Meikle v Sneddon The pursuers sought damages for the wrongful arrestment of their ship.

They claimed andpound; as solatium for injury to their feelings. But the only loss that had been actually sustained was the sum required to relieve the vessel from the.

The rule had to be applied with robust vigour in favour of the tenant unless the. One issue was whether this rendered the defendants liable for psychiatric illness caused by the shock.

Times Dec, [] EWCA Civ , [] Lloyds Law Rep Medical Cited — White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.

Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the. He brought an action of damages against his employers, and later convened as second defenders the manufacturers of the machine, who had.

His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as.

The Society sought to recover the payments it had made from its compensation fund. The defendant pleaded. The Lord Ordinary found that the pursuer who sought damages for pneumoconiosis did not begin to suffer from until The defendant replied that such plaques and pleural thickening were not a sufficient injury.

Held: The court could infer permanent. Cited by: Cited — Calvert v William Hill Credit Ltd ChD Mar The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction.

The defendant company had a policy for achieving responsible gambling,. She had communicated with her managers many times about the overload.

Other staff had resigned for similar reasons. Held: The pursuer. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them.

The organism had escaped from their premises via a broken drain. Held: Much of the damage claimed. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise.

They appealed against rejection of their challenge to the Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable.

The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence.

The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations.

Held: There was no vicarious liability duty in law on the managers to ensure compliance by their workers to the regulations.

In the performance of his work he was required by the regulations to adopt certain precautions which Parliament had prescribed for the safety of those employed in coal mines.

But it is not correct to say that he was not acting for his master. The firing of the shots was the work which he was employed by the defenders to do.

His failure to take the precautions which Parliament has required of him did not take him outwith the scope of his employment. Accordingly, his acts were still within the area in which the vicarious responsibility of a master operates.

Lord MacDermott, Lord Porter [] AC , [] 1 TLR , [] 95 Sol Jo , [] 1 All ER England and Wales Cited by: Cited — Nicol v National Coal Board SCS The court considered a claim against his employer after the plaintiff suffered injury after a breach of safety regulations by a co-worker.

He appealed a strike out of his claim. Held: The appeal succeeded. ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach — Germany.

It is the responsibility of the National Court to ensure that the rules of Community law are fully effective. Cited by: Cited — Greenalls Management Ltd v Customs and Excise HL May Volumes of vodka were transferred from a secure warehouse to a carrier for export.

They were diverted, and not exported and the Customs sought the unpaid duty from the warehouse. She was the carer for her disabled son. Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the Act could.

Though heterosexual, he had been subject to persistent jokes that he was homosexual. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other.

He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive.

The Regulations disapplied the provisions protecting part time workers for judicial office. An earlier judgment had. It provided systems for recovering materials deleted from Nokia mobile phones.

They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their.

Leading Case Updated: 11 December ; Ref: scu. A worker was injured by a negligently driven crane. The hire contract made the driver the employee of the defendant stevedores.

Decisions of this kind depend on the particular facts and many factors may bear on the result. Considerations include: a the burden of showing that responsibility does not remain with the general employer is on the general employer and is a heavy one b by whom is the negligent employee engaged?

Who pays him? Who has power to dismiss him? Who is entitled to tell the employee the way in which he is to do the work upon which he is engaged?

In the Mersey Docks case, the stevedores had no responsibility for the way in which the crane driver drove his crane, and it was this which caused the accident.

The ultimate question may be, not what specific orders or whether any specific orders were given, but who is entitled to give the orders as to how the work should be done.

A fitter caused a flood acting irresponsibly. Held: The court reviewed the law of vicarious. He also sought to claim under the.

The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school.

The Court of Appeal had found. A parish priest committed some of the abuse, and she claimed that the defendants were vicariously liable.

They denied such liability. The doorman was supplied by a security company, which was now in liquidation. The respondent was employed as a shot firer in a quarry, and was to test the electric wiring connecting explosive charges.

Contrary to instructions that testing must be done from a shelter, the respondent and another shot firer carried out a test in the open and they were both injured.

Where two fellow-servants combined to disobey an order deliberately though they knew the risk involved, a plea of volenti non fit injuria was a complete defence if the employer was not himself at fault and was only liable vicariously for the acts of the fellow servant.

In my view it must be held that he had. He knew that those better qualified than he was took the risk seriously. He knew that his employers had forbidden this practice and that it had then been prohibited by statutory regulation.

And he knew that his employers were taking strong measures to see that the order was obeyed. If he did not choose to believe what he was told I do not think that he could for that reason say that he did not fully appreciate the risk.

He knew that the risk was that a charge would explode during testing, and no shot firer could be in any doubt about the possible consequences of that.

Theory may well justify the existence of the concept, but it is hard to find guidance from any underlying principle which will weigh in the decision whether in a particular case a particular wrongful act by the employee should or should not be regarded as falling within the scope of the employment.

On these points, I have had the opportunity of studying in advance the opinions of your Lordships, and I wish to associate myself in particular with the opinion to be delivered by my noble and learned friend, Lord Pearce.

I do think it of great importance that the law should not in general allow a person to disqualify himself from the protection of a statutory duty imposed for his benefit, where there is any element of public advantage in upholding the duty.

But I do not think that this is a case in which that principle applies. Lord Pearce, Lord Hodson, Viscount Radcliffe [] 2 All ER , [] AC , [] UKHL 2 Bailii England and Wales Citing: Cited — Yarmouth v France CA Aug The plaintiff was employed by the defendant to drive carts.

Cited by: Cited — Lister and Others v Hesley Hall Ltd HL 3-May A school board employed staff to manage a residential school for vulnerable children.

The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.

She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.

Held: The action failed. The plaintiff had not. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was.

It was a condition of his entry that he agreed that motor racing was dangerous and that he would not hold the organisers or others responsible if injured.

He was injured when a safety rope,. It is the duty of the employer to consider the situation, devise a suitable system and instruct his employees what they must do and to provide appropriate equipment.

In leaving it to individual workmen to take precautions against an obvious danger, the employers had failed to discharge their duty to provide a reasonably safe system of work.

It is, I think, well known to employers, and there is evidence in this case that it was well known to the appellants, that their workpeople are very frequently, if not habitually, careless about the risks which their work may involve.

It is, in my opinion, for that very reason that the common law demands that employers should take reasonable care to lay down a reasonably safe system of work.

Employers are not exempted from this duty by the fact that their men are experienced and might, if they were in the position of an employer, be able to lay down a reasonably safe system of work themselves.

Workmen are not in the position of employers. Their duties are not performed in the calm atmosphere of a board room with the advice of experts.

They have to make their decisions on narrow window sills and other places of danger and in circumstances in which the dangers are obscured by repetition.

The risk that sashes may unexpectedly close, as the sashes in this case appear to have done, may not happen very often, but when it does, if the workman is steadying himself by a handhold, his fall is almost certain.

If the possibility is faced the risk is obvious. If both sashes are closed there is no longer the handhold by which the workman steadies himself.

If either sash is kept open the handhold is available and, on the evidence in this case, is, in my opinion, reasonably safe. But the problem is one for the employer to solve and should not, in my opinion, be left to the workman.

It can be solved by general orders and the provision of appropriate appliances. On that matter the appellants say that their men are skilled men who are well aware of the dangers involved and as well able as the appellants to devise and take any necessary precautions.

That may be so but, in my opinion, it is not a sufficient answer. Where the problem varies from job to job it may be reasonable to leave a great deal to the man in charge, but the danger in this case is one which is constantly found, and it calls for a system to meet it.

Where a practice of ignoring an obvious danger has grown up I do not think that it is reasonable to expect an individual workman to take the initiative in devising and using precautions.

It is the duty of the employer to consider the situation, to devise a suitable system, to instruct his men what they must do and to supply any implements that may be required.

He had been injured removing a pamphlet from a high shelf, having stood on an upturned plastic box. ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein — Germany.

This applied equally to periods in which he would be entitled to rest. Such periods of inactivity were part and parcel of on-call duties.

There was a need for doctors to be available for emergencies and such rest could not be planned. European Citing: Cited — Sindicato de Medicos de Asistancia Publica SIMAP v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana ECJ 3-Oct Doctors working in primary health care teams are subject to the Working Time Directive.

They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health.

Cited by: Cited — British Airways Plc v Williams and Others CA 3-Apr ba-williamsCA The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the Regulations alone.

The Directive suggested that holiday pay should be at normal average rates of pay, but the. Gallagher v Alpha Catering Services Ltd [].

Between loadings, they were on down time — not physically working, but required to remain in radio contact with their employers, and.

He worked a continuous shift during which he was allowed to use a rest area, but he remained on call. The court heard a case dealing with a claim for breach of a duty to fence dangerous machinery under the Act.

Held: Legislation protecting safety in the workplace gives rise to an action by a person for whom the protection was intended for breach of statutory duty.

Newcastle Water Works Co. Clearly it could not be doubted. The Act now in question, as I have said, was clearly passed in favour of workers employed in factories and workshops, and to compel their employers to perform certain statutory duties for their protection and benefit.

That being so, the only question seems to be whether the provisions of the Act with regard to the imposition of fines for neglect of the duty created by the section reasonably lead to the conclusion that the Legislature intended that such fines should be the only remedy for breach of that duty.

I think that, when those provisions are examined, it is impossible to arrive at that conclusion. The maximum fine that can be imposed in any case, however serious the injury may be, is one of pounds It seems monstrous to suppose that it was intended that in the case of death or severe mutilation arising through a breach of the statutory duty, the compensation to the workman or his family should never exceed pounds Again, section 82 does not provide that the fine imposed under it shall necessarily go to the workman if he be injured, or to his family if he be killed; but only that the Secretary of State may, if he thinks fit, order that the fine or part of it shall do so.

Looking at the purview of the whole Act, I cannot think it reasonable to suppose that the Legislature intended the penalty imposed by section 82 to be the only remedy for injury occasioned by breach of the absolute statutory duty created by the Act.

The defendant had been found not to be negligent, but the claimant alleged breach of statutory duty under the Regulations. Held: Groves v Wimborne clearly established that.

There is no reasonable ground for maintaining that. He was issued with a pair of boots capped to protect his feet from impact. In a snowstorm, and against company advice, he sough to dig himself out.

The boots leaked and he suffered frostbite. The case arose from the fact that the governor of one prison had purported to. The boat owners had failed to comply with the safety rules, and seamen died.

Held: A breach of the safety rules did not give rise to a separate cause of action for damages against the ship owners. The system for certifying vessels would sit uneasily with any other interpretation, and a criminal remedy was also provided for.

The court distinguished between challenges to conclusions of primary fact or inferences from those facts and an evaluation of those facts. However, the references in rule Where the correctness of a finding of primary fact or of inference is in issue, it cannot be a matter of simple discretion how an appellant court approaches the matter.

Once the appellant has shown a real prospect justifying permission to appeal that a finding or inference is wrong, the role of an appellate court is to determine whether or not this is so, giving full weight of course to the advantages enjoyed by any judge of first instance who has heard oral evidence.

In relation to a we must, as stated, bear in mind the important and well-recognised reluctance of this court to interfere with a trial judge on any finding of primary fact based on the credibility or reliability of oral evidence.

In the present case, however, while there was oral evidence, its content was largely uncontentious. Lord Justice Thorpe, Lord Justice Mance and Mr Justice Neuberger Times May, Gazette May, [] 2 Lloyds Law Rep , [] 2 All ER Comm 1 Merchant Shipping Act 1 , Fishing Safety Provisions Rules SI No 16 England and Wales Cited by: Distinguished — Ziemniak v ETPM Deep Sea Ltd CA 7-May A seaman was injured taking part in a safety drill aboard ship.

Held: The appeal failed Majority decision. Times Nov, Gazette Jan, [] EWCA Civ , [] 1 WLR , [] Lloyds Rep IR , [] 1 All ER Comm The claimants suffered mesothelioma after contact with asbestos while at work.

Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition.

The claimants appealed dismissal of their claim. The situation as it stood created substantial injustice. The Court of Appeal had applied the conventional test of whether it could be shown that the condition would not have been suffered but for the employment.

The overall object of tort law was to define cases in which the law might justly hold one party liable to compensate another.

This case raised inconsistent policy considerations. In such circumstances justice could only be served by holding both possible sources of the disease responsible.

For the purposes of analysis, and for the purpose of pleading, proving and resolving the claim, lawyers find it convenient to break the claim into its constituent elements: the duty, the breach, the damage and the causal connection between the breach and the damage.

In the generality of personal injury actions, it is of course true that the claimant is required to discharge the burden of showing that the breach of which he complains caused the damage for which claims and to do so by showing that but for the breach he would not have suffered the damage.

It must be principled. The basis on which one case, or one type of case, is distinguished from another should be transparent and capable of identification.

When a decision departs from principles normally applied, the basis for doing so must be rational and justifiable if the decision is to avoid the reproach that hard cases make bad law.

His employers failed, in breach of their duty, to provide him with washing facilities after his. The defendant had a clear view of the plaintiff prior to the collision, but was.

It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund.

Someone opened a tap on that pipe so that. Gazette Feb, Times Feb, Gazette Mar, [] 2 WLR , [] UKHL 5, [] 2 AC 22, [] 1 All ER Cited — Kuwait Airways Corporation v Iraqi Airways Company and Others Nos 4 and 5 HL May After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes.

Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran. Held: The appeal failed. No claim.

He contracted pneumoconiosis and died. He claimed that they had not provided him with adequate washing facilities and that failure caused the dermatitis.

On appeal the. They sought damages from the designers for negligence. Held: As to the basis of calculation of damages as to a. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke.

Held: There was a direct. She went ahead with the surgery, and suffered that complication. The authority had wrongly suspected abuse. The boy was later found to suffer brittle.

The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the.

The defendant appealed on liability saying that there was insufficient evidence of causation since there was little to.

At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now. The appellants now appealed the finding that they were responsible saying that other factors contributed to the injury, and in particular that he had fallen at home.

The claimant said that that. She caught an infection campylobacter enteritis at work, and the employer now appealed against a finding of liability.

The employer said that the only necessary protection was regular washing of hands. The defendant Trust had refused to take the dispute to a mediation.

In neither case had the court ordered or recommended ADR. Held: The authority was liable. His knee was hurt by a sharp object left behind by previous users, but almost hidden.

He said that the defendants were negligent in not having inspected the pitch before training. The club appealed saying. Russian Korean Danish Greek Polish Hebrew Turkish Norwegian Czech Arabic Hungarian Finnish 9.

Indonesian 2. Serbian 1. Thai 1. Show reviews that mention. All reviews foodie heaven food market free samples food heaven monmouth coffee great market fruit and veg london bridge stalls selling stall holders oysters scotch egg south bank walk around great place to visit vendors ethiopian.

Review tags are currently only available for English language reviews. Selected filters. Updating list Reviewed 25 March Come hungry!

Date of experience: March Ask B B about Borough Market. Reviewed 25 March Buzzing and full of exciting food. Ask alexrMCU about Borough Market.

Thank alexrMCU. Reviewed 24 March via mobile Great Atmosphere. Ask Traveller about Borough Market. Raymond L. Reviewed 24 March A JEWEL, THAT JUST MAKES YOU HAPPY well it always makes me happy.

Ask Raymond L about Borough Market. Reviewed 24 March Busy and Worth The Trip. A good way is to start and appologize for your poor German, the usual response is "no, your German is good!

Most conventions transfer over, but obviously use the Sie form if you're attempting German. Shaking hand is definitely the norm in Germany.

Others can answer about workplace norms as I've never worked in Germany. There's isn't an equivalent in Germany to Tim Hortons, unless you want to consider McCafe an attempt that that.

People generally get their coffee from their local cafe. Ordering a double double will get you no where.

Here's a discussion of ordering coffee in German. Opening a bank account requires two things: your passport and your completed Anmeldung form from the local Bürgeramt.

You can probably find a bank that will explain it in English. For transfers I would recommend XE Trade. It's what most expats use to move money around.

I use it to tranfer money from my Canadian bank to my German. Though you can't buy tickets for foreign trips it has an amazing time table Europe wide.

There are other websites but it would depend on what you want to do. Yes, transfers are easy. You won't be showing your ticket to anyone as you get on board unless it's a sleeper car.

The conductor will come through the train to check tickets after you've left. Most tickets are valid from your location to location within a time period I think a month from purchase , rather than a specific timed train.

So if you missed your train you can simply get on the next one. The exception here would be if you had seat reservations. You can always check the Bahn website, they list specials there.

Normally I'd recommend looking into a BahnCard but if you're only there for 4 months it probably wouldn't pay for itself.

The other exception to the rail ticket is if you purchase a special price ticket that is only good for a specific train usually for deals on long trips.

Upvote for Congstar. I have the same subscription for 20 Euros and I'm very happy with it. One can choose to be able to cancel the contract monthly which is ideal when the phone in Germany is required for 4 months only.

If you miss your train it depends wether you reserved a specific seat in your train, which is possible btw. Otherwise you should be able to just board the next one.

Normal everyday taxes are the VAT. Otherwise I have no idea how normal taxes work for you since youre only here for 4 month.

And no idea about congstar. Normally most people use lastschrift, where the company gets it right from your bank, without credit cards. For Congstar, for these monthly subscription, do they automatically deduct the bill from your credit card for example?

Like all phone companies, you will have to provide a German bank account where they will deduct the monthly payments the term for that is "Lastschrift".

I do not know if there are other possibilities like deducting from your credit card, at least they didn't offer that on their website when I was setting my Congstar account, but they might offer it when you call them.

Congstar throttles your bandwidth after a ridiculously low transfer volume MB? I've written a bit about the various providers in another comment.

Most work post- as well as normal pre-paid. Since you're not exactly in a sprawling metropolis, you may want to check availability of pre-paid vouchers for the providers you consider.

Look for them in the immediate surrounding of your local supermarket's cash register. Many supermarket chains also have their own re-branded prepaid-offer usually based on Blau's plans , and you can get a voucher to top up your balance at the register.

Other places where they might sell them are gas stations or newsstands. Make sure to check fees before you make any longer calls to Canada.

I'm not sure you'll find a cheaper one with a decent data package, though.

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