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Transfer of undertakings: Liability for negligence claims transferred to NHS trust

This report relates to 1 case(s)

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    Wilson and others v West Cumbria Health Care NHS Trust [1995] PIQR P38 County Court (0 other reports)

An NHS trust was the proper defendant in damages claims brought by its employees, even though the accidents giving rise to the claims occurred before the trust was established, and when the employees were still employed by the transferor health authority, holds a county court in Wilson and others v West Cumbria Health Care NHS Trust. The statutory provisions in respect of staff who transfer from health authorities to NHS trusts apply so as to transfer to the trust liabilities arising both under contracts of employment and in tort, such as negligence claims.

Mr Wilson, Mr Holden and Mr Adams were all employed as hospital porters by the West Cumbria Health Authority, when in 1992 they suffered accidents at work.