Timely Reminder : Procedural Pitfalls to Look out for in Employment-Related Personal Injuries Claims

Timely Reminder : Procedural Pitfalls to Look out for in Employment-Related Personal Injuries Claims

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Whilst personal injuries cases are often known to have a greater tendency to settle out of Court, practitioners should be reminded the need for thorough and hands on preparation from early on, with a view to seeing the case tried and tested in Court.

A recent High Court judgment in HCPI 523/2016 highlights certain possibly commonplace procedural issues to which practitioners should pay particular attention.

Factual Background

In brief, the plaintiff worked at the defendant’s supermarket, and hurt her back as she and a co-worker were moving a plastic box of goods from a pallet onto an empty box on a flat trolley.

After obtaining interlocutory judgment by consent in the related Employee’s Compensation Application, the plaintiff sued the defendant for negligence and/or breach of statutory duty and/or breach of contract of employment in the current proceedings.

The outcome of the case is immaterial for present purpose. What could serve as a reminder for us is that the Court identifies certain procedural issues that should have been dealt with which are perhaps commonplace in cases such as the current one:

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