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Rice & Anor v Secretary of State for Trade & Industry & Anor [2007] EWCA Civ 289 (04 April 2007)

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Duty of Care to Protect Employees. There was a common law duty of care on the National Dock Labour Board requiring them to protect their individual employees against a known serious risk to their health. The bald proposition that a body created by statute could not be recognised as owing such a duty is untenable. The question of whether the Defendant owed the Claimants a duty of care turned on whether there was a sufficient relationship of proximity; in light of the policy of the applicable statute it was fair, just and reasonable to impose a duty of care.

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