This fully updated one-day virtual event, will teach you about the latest developments in work related incidents this year, with an in depth look at vicarious liability and how to approach work at height cases.

Presented by APIL Secretary Brett Dixon, the course will cover:

Winning vicarious liability cases 

• Understanding the principles underpinning the introduction of vicarious liability
  • Loss spreading and deterrence
  • Enterprise risk
• The relationship test 
  • When a non-employer may be held to be vicariously liable and hen to consider the quasi-employment factors
• The two elements to the sufficiently close connection test
  • The nature of the work undertaken
  • The need for a link to the wrongdoing complained of
• Building a checklist based on the tailored test in vicarious liability to assess risk in taking on cases and practical issues
• Identifying evidence and spending your time effectively to support meeting the sufficiently close connection test

Arguing work at height cases – The fundamentals

• The fundamentals
  • What is a work at height case?
  • The duty holders
  • Risk assessment and the hierarchy of measures approach
  • Practical matters
• The latest cases
  • Contributory negligence
  • Identifying the breach and the system of work
  • Falls from height
  • The interaction with the Occupiers' Liability Act 1957

Regulations and case law update

• The latest cases on the Enterprise Act
  • The relevance of the regulations to the negligence test
  • Understanding the role of statutory interpretation tests
• Contributory negligence
  • Understanding what burden is on the defendant
  • The impact of the employment relationship on apportionment
• Risk assessment in quasi-employment situations
• Limitation issues
• Applications for inspection facilities
• Material contribution – the latest from the Court of Appeal