Supreme Court hands down judgment in Kennedy v Cordia, in which Andrew Smith KC appeared
Andrew Smith KC (in his role as a Scottish Silk) represented the Respondent in the important case of Kennedy v Cordia [2016] UKSC 6, in which Judgment was handed down yesterday.
The case has significant implications for employer’s liability claims arising out of employees working in areas not controlled by the employer.
The case also includes important observations which apply in both jurisdictions regarding the admissibility of expert evidence. Although the court considered that the statutory case should succeed, the common law case failed. In the light of the Enterprise and Regulatory Reform Act, this decision is of importance to cases now based solely on common law
The full judgment can be found here.