Channel Islands Knitwear Company Ltd v. Hotchkiss, Court of Appeal - Privy Council, June 16, 2003, [2003] UKPC 45

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Channel Islands Knitwear Company Ltd v. Hotchkiss, Court of Appeal - Privy Council, June 16, 2003, [2003] UKPC 45

Channel Islands Knitwear Company Ltd v. Hotchkiss (Jersey) [2003] UKPC 45 (16 June 2003)

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Privy Council Appeal No. 68 of 2001

Channel Islands Knitwear Company Limited Appellant

v.

Iona Nicola Mackay Hotchkiss Respondent

FROM

THE ROYAL COURT OF JERSEY

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 16th June 2003

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Present at the hearing:-

Lord Hoffmann

Lord Hutton

Lord Hobhouse of Woodborough

Lord Walker of Gestingthorpe

The Rt. Hon. Justice Tipping

[Delivered by Lord Hoffmann]

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Nicola Hotchkiss is a talented young Scottish textile designer who has been unable to work for eight years. In 1994, at the age of 30, when she was employed as senior designer by the Channel Island Knitwear Company Ltd (``the employers'') something went badly wrong with her neck. She began to suffer severe pains which made it impossible for her to sit for long at a drawing board or computer. In these proceedings, she claims that the cause of her illness was the excessive hours which her employers had demanded of her and the poor conditions in which they had required her to work. She alleges that they were negligent in not taking reasonable care to protect her from suffering harm.

The Royal Court (Sir Peter Crill sitting as Commissioner with jurats) found that the employers had been negligent but that the circumstances of her work had ...

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