General liability newsletter April 2018
The latest general liability news coming out of the courts.
This edition covers:
Employees’ liabilities to their employers arising from their own negligent acts
Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accident and injury. Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.
Pre-action disclosure – who pays and how much?
Pre-action disclosure (“PAD”) costs have long been a contentious topic, regarding who should pay and how much. The Court of Appeal has brought some clarity by deciding that claims likely to be allocated to the Fast Track will fall under the fixed costs regime; therefore, Claimants cannot normally expect to recover assessed costs.