Making the most of stress claims – Zenith Chambers

Posted April 11th, 2012 in employment, health & safety, negligence, news, personal injuries by sally

“At a time when 1 in 4 workers are now affected by work-related stress, it is unsurprising that lawyers too are seeing more occupational stress claims than ever before. Kate provides some timely guidance on how to sort the wheat from the chaff and considers whether McLennan v Hartford [2012] EWHC 346 amounts to a change in the landscape or more of the same.”

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Zenith Chambers, 3rd April 2012

Source: www.zenithchambers.co.uk

Health and safety overkill to be challenged by official body – The Guardian

Posted April 11th, 2012 in health & safety, news by sally

“An official voice to combat misuses of health and safety legislation is being launched by ministers.”

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The Guardian, 11th April 2012

Source: www.guardian.co.uk

Racing circuit groundsman awarded £2m damages – The Independent

Posted April 3rd, 2012 in accidents, compensation, damages, health & safety, news by sally

“A racing circuit groundsman who was brain-damaged in a freak work accident has been awarded more than £2 million damages.”

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The Independent, 2nd April 2012

Source: www.independent.co.uk

Asbestos: court ruling opens way for insurance claims – BBC News

Posted March 28th, 2012 in asbestos, cancer, compensation, health & safety, insurance, news, Supreme Court, victims by sally

“The UK Supreme Court has made a ruling which could allow thousands of insurance claims by families of people who died after exposure to asbestos.”

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BBC News, 28th March 2012

Source: www.bbc.co.uk

BA stewardess wins £280,000 damages – The Independent

Posted March 27th, 2012 in airlines, damages, health & safety, news, personal injuries by sally

“A British Airways stewardess who has been unable to return to work since a metal canister fell on her head while on duty is to receive £280,000 damages.”

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The Independent, 26th March 2012

Source: www.independent.co.uk

Families win landmark ruling on £600m asbestos compensation – The Independent

Posted March 26th, 2012 in asbestos, compensation, families, health & safety, insurance, news, victims by sally

“Thousands of families whose relatives were killed by asbestos cancers will win a landmark compensation victory this week, sources have told The Independent on Sunday. The Supreme Court will rule on Wednesday that insurers who offered cover at the time victims inhaled the deadly fibres will have to pay compensation.”

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The Independent, 25th March 2012

Source: www.independent.co.uk

UK Coal guilty over miner’s death – BBC News

Posted March 16th, 2012 in health & safety, miners, news by tracey

“UK Coal has pleaded guilty to health and safety breaches over the death of a miner at a North Yorkshire colliery.”

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BBC News, 16th March 2012

Source: www.bbc.co.uk

Network Rail fined £1m over girls’ level crossing deaths – BBC News

Posted March 16th, 2012 in fines, health & safety, news, railways by tracey

“Network Rail has been fined £1m after admitting health and safety breaches over the deaths of two girls at an Essex level crossing. Friends Olivia Bazlinton, 14, and Charlotte Thompson, 13, were hit by a train in December 2005 as they crossed the railway line at Elsenham station and died instantly.”

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BBC News, 15th March 2012

Source: www.bbc.co.uk

Whitehead v Trustees of the Chatsworth Settlement – WLR Daily

Posted March 9th, 2012 in health & safety, law reports, personal injuries, statutory duty by tracey

Whitehead v Trustees of the Chatsworth Settlement: [2012] EWCA Civ 263;  [2012] WLR (D)  65

“Reasonable practicability was, at least in part, relevant to the assessment of both limbs of the duty on an employer, under regulation 12(1) of the Provision and Use of Work Equipment Regulations 1998, to take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from a regulation 12(3) hazard was either prevented, or, where that was not reasonably practicable, adequately controlled.”

WLR Daily, 8th March 2012

Source: www.iclr.co.uk

 

Council faces £70,000 legal bill over warden health and safety sign injury – Daily Telegraph

Posted March 9th, 2012 in compensation, health & safety, local government, news, personal injuries by tracey

“A council faces having to pay out tens of thousands of pounds after a park warden fell and injured himself while putting up health and safety signs.”

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Daily Telegraph, 9th March 2012

Source: www.telegrph.co.uk

Corgi Hosiery fined over factory asbestos removal – BBC News

Posted March 5th, 2012 in asbestos, bankruptcy, fines, health & safety, news by tracey

“A company in Carmarthenshire has been fined £25,000 after being found guilty of failing to protect its employees from asbestos.”

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BBC News, 2nd March 2012

Source: www.bbc.co.uk

Torfaen County Borough Council v Douglas Willis Ltd – WLR Daily

Posted February 22nd, 2012 in food hygiene, health & safety, law reports, local government by sally

Torfaen County Borough Council v Douglas Willis Ltd [2012] EWHC 296 (Admin); [2012] WLR (D) 37

“In order to found a conviction for an offence under regulation 44(1)(d) of the Food Labelling Regulations 1996, a prosecuting authority was required to prove, to the criminal standard: (i) that the food, at the point that it was ready for delivery to the ultimate consumer or caterer, was ‘highly perishable’ and so required then and thereafter to be labelled with a ‘use by’ date; (ii) that the defendant was, at the time of the alleged offence, selling the food within the extended definition contained within regulation 2; and (iii) that, at the time of the alleged offence, the date on the ‘use by’ label had passed. The subsequent freezing of food requiring and given a ‘use by’ label would not cause that label to cease to have effect.”

WLR Daily, 20th February 2012

Source: www.iclr.co.uk

Dangers of work at the health and safety watchdog – Daily Telegraph

Posted February 21st, 2012 in health & safety, news by tracey

“Britain’s health and safety watchdog has failed to meet more than half of its own targets for workplace safety.”

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Daily Telegraph, 20th February 2012

Source: www.telegraph.co.uk

 

Does a risk of an explosion engage Article 8? – UK Human Rights Blog

“This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged them in the domestic courts. But the image, and the identity of its participants, will tell you that the LNG started to arrive. But Alison Hardy and Rodney Maile were not easily deflected, and after a long battle through the domestic courts ended up in the Strasbourg Court.”

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UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com

List of specialist regulatory advocates in health and safety and environmental law and appointment of Standing Counsel (Unified List) – The Bar Council

“In November, it was announced that the Attorney General had agreed that the Unified List in its current form should draw to a close and that new arrangements would be taken forward by individual departments rather than under the auspices of the Attorney General’s office. On 31 March 2012 the Attorney General’s Unified List of Prosecuting Advocates will come to an end. The Health and Safety Executive, Environment Agency and Office of Rail Regulation wish to appoint a list of advocates to conduct their higher court prosecution work and other regulatory advocacy. HSE and ORR also each wish to appoint two Standing Counsel.”

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The Bar Council, 8th February 2012

Source: www.barcouncil.org.uk

Network Rail admits safety breaches over girls’ deaths – BBC News

Posted January 31st, 2012 in accidents, health & safety, news, railways by sally

“Network Rail has admitted three health and safety breaches over the deaths of two girls at an Essex level crossing in 2005, a court has heard.”

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BBC News, 31st January 2012

Source: www.bbc.co.uk

Firefighter warehouse deaths: Warwickshire council pleads guilty – BBC News

Posted January 20th, 2012 in health & safety, local government, news by tracey

“A council has pleaded guilty to a health and safety charge over the deaths of four firefighters killed in a warehouse blaze in Warwickshire.”

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BBC News, 20th January 2012

Source: www.bbc.co.uk

Network Rail faces prosecution over Grayrigg disaster – Daily Telegraph

Posted January 16th, 2012 in health & safety, news, prosecutions, railways by sally

“Network Rail is to be prosecuted over the 2007 Grayrigg derailment in which a woman was killed and 86 people injured.”

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Daily Telegraph, 13th January 2012

Source: www.telegraph.co.uk

Cameron extends PI fees cap in attack on ‘albatross’ safety culture – Law Society’s Gazette

Posted January 6th, 2012 in fees, health & safety, legal profession, news, personal injuries by tracey

“David Cameron today announced plans to cap lawyers’ fees from personal injury claims at £25,000. Speaking to an audience of small companies, the prime minister launched an attack on the so-called compensation culture and blamed it for holding back the growth of UK businesses.”

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Law Society’s Gazette, 5th January 2012

Source: www.lawgazette.co.uk

Coalition plans to kill off ‘health and safety monster’ with limits on lawyers’ fees – Daily Telegraph

Posted January 6th, 2012 in fees, health & safety, insurance, legal profession, news, personal injuries by tracey

“David Cameron said the move would provide protection for employers facing claims over workplace accidents and help end a ‘culture of fear’ among businesses over health and safety. Insurance companies suggested the change could lead to reduced premiums for motorists by reducing the number of ‘friviolous’ damages claims arising from traffic accidents. Existing limits on legal fees in personal injury cases will now be extended to claims for up to £25,000, officials said. For the first time, caps on lawyers’ fees will also apply to claims brought against employers.”

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Daily Telegraph, 6th January 2012

Source: www.telegraph.co.uk