“Testing the untestable': Section 50 of the Social Security Act 1975”

Abstract

One of the key formulations in social security law is the phrase “arising out of and in the course of employment.”¹ Variant forms appear in employment law in, for instance, the context of vicarious liability,² and latterly, in health and safety legislation.³ The phrases, of course, delineate the parameters within which a claim can be made or liability established, though it must be stressed that similar though these phrases be their meaning is not the same and is dependent on, amongst other things, the legal context.⁴