The Scottish media have been widely reporting on the Court of Session’s judgement in the case of Tracey Kennedy v Cordia issued yesterday.
The Herald have described it as a landmark ruling. I’m not sure I’d go that far! This is a “first instance” decision (the decision isn’t binding on future cases) and may yet be the subject of appeal to the higher courts. But more than that, I can’t locate any new legal principles in Lord McEwan’s judgement.
The judgement is however a timely reminder that, where there is evidence of an employer’s awareness of hazardous working conditions, workplace claims will continue to succeed in the future despite the impending removal of civil liability under health and safety regulation.
On August 8, 2013