Company fined £450,000 and director and site manager sentenced following death of labourer – Crown Prosecution Service

‘A company has been fined £450,000 and the firm’s director has received a suspended prison sentence after a labourer was crushed to death at a construction site.’

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Crown Prosecution Service, 15th February 2024

Source: www.cps.gov.uk

Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go – 12 King’s Bench Walk

‘Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.’

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12 King's Bench Walk, 28th November 2023

Source: clinicalnegligence.blog

Silica: A Forgotten Mineral? – Ropewalk Chambers

Posted November 14th, 2023 in building law, health & safety, industrial injuries, news, personal injuries by sally

‘According to the HSE:

Silica is a natural substance found in varying amounts in most rocks, sand and clay. For example, sandstone contains more than 70% silica, whereas granite might contain 15-30%. Silica is also a major constituent of construction materials such as bricks, tiles, concrete and mortar.

In other words, silica is virtually ubiquitous in quarrying, mining and in building materials.’

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Ropwalk Chambers, 9th October 2023

Source: ropewalk.co.uk

The Reliability and Relevance of Historical Occupational Audiograms: Testing Times – Ropewalk Chambers

Posted August 1st, 2023 in chambers articles, disabled persons, industrial injuries, news, noise by sally

‘Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance of such historical occupational testing remains open to challenge by some medico-legal experts. This article examines the pros and cons of such historical testing in the context of assessing the merits of deafness claims where the results of such testing are at odds with more recent “diagnostic” audiograms.’

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Ropewalk Chambers, 19th July 2023

Source: ropewalk.co.uk

Hinckley company fined after worker had skin ripped off hand – BBC News

Posted July 18th, 2023 in fines, health & safety, industrial injuries, news by tracey

‘A workwear company in Leicestershire has been fined £400,000 after an employee had the skin ripped off the palm of her hand by a machine.’

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BBC News, 18th July 2023

Source: www.bbc.co.uk

Manchester vape liquid firm fined after worker loses fingers and thumb – BBC News

Posted June 21st, 2023 in accidents, employment, fines, health & safety, industrial injuries, news by tracey

‘A vape liquid manufacturing company has been fined £180,000 after a worker lost two fingers and a thumb while clearing a blockage in a packaging machine.’

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BBC News, 20th June 2023

Source: www.bbc.co.uk

‘The tragic cost of under-investment’: asbestos blamed for 150 deaths of school and hospital workers in England – The Guardian

‘Fresh concerns have been raised about the amount of asbestos remaining in dilapidated schools and hospitals, after new analysis found that almost 150 health and education workers were recorded as dying from cancer related to the material in recent years. According to official data, there have been 147 deaths among health and education workers since 2017. Experts believe the figure is likely to be a significant underestimate because of the way someone’s profession is recorded on death certificates.’

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The Guardian, 16th April 2023

Source: www.theguardian.com

Barry v Ministry of Defence [2023] EWHC 49 (KB) – 3PB

‘On 3 March 2023, Johnson J handed down judgment in relation to former marine Mr Barry’s claim that the Ministry of Defence (MoD) caused his noise-induced hearing loss. It is the first time judicial guidance has been expressly given on the reduction factors (other than mortality) since the revised guidance in the 8th edition of the Ogden tables were published in July 2020.’

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3PB, March 2023

Source: www.3pb.co.uk

Negligence and sports injuries: common threads – 12 King’s Bench Walk

‘Czernuska is the latest of a series of judgments determining whether injuries sustained during competitive sporting fixtures were caused by negligence. This blog considers the general principles and themes on liability that emerge from this kind of litigation by looking at Czernuska v King [2023] EWHC 380 (KB), Fulham Football Club v Jones [2022] EWHC 1108 (QB) and Tylicki v Gibbons [2021] EWHC 3470 (QB).’

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12 King's Bench Walk, 23rd March 2023

Source: www.12kbw.co.uk

The Thirteen Axioms of Fact-finding – Ropewalk Chambers

‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’

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Ropewalk Chambers, 1st March 2023

Source: ropewalk.co.uk

Two-thirds of UK workers with long Covid have faced unfair treatment, says report – The Guardian

‘UK ministers should act to ensure long Covid sufferers receive the support they need from employers, with as many as two-thirds claiming they have been unfairly treated at work, a report argues.’

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The Guardian, 27th March 2023

Source: www.theguardian.com

Drax: Legal action against power station owners dropped – BBC News

Posted February 24th, 2023 in causation, employment, health & safety, industrial injuries, news, prosecutions by sally

‘A prosecution against the owners of the UK’s largest power station has been dropped by the Health and Safety Executive (HSE), it has been announced.’

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BBC News, 23rd February 2023

Source: www.bbc.co.uk

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

British Airways fined for Rhoose engineer’s brain injury – BBC News

‘The company that maintains British Airways’ planes has been fined £230,000 after an employee suffered a brain injury near Cardiff Airport.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

A Claimant’s Right To Apply for Further Damages Under a PDO Passes, on Death, to Their Estate and May Be Advanced by the Executor – Ropewalk Chambers

‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’

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Ropewalk Chambers, 1st August 2022

Source: www.ropewalk.co.uk

Government urged to classify Covid as an occupational disease – The Guardian

‘Ministers should urgently classify Covid-19 as an occupational disease to prompt employers to reduce the risk of exposure and help workers access key benefits, the TUC has said.’

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The Guardian, 15th August 2022

Source: www.theguardian.com

Essex concrete mixer death: Father mounts High Court challenge – BBC News

‘The father of a man found dead in a concrete mixer has claimed he may have been “deliberately killed”, the High Court heard.’

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BBC News, 4th February 2022

Source: www.bbc.co.uk

Families win BBC payouts over 11 asbestos cancer deaths – The Guardian

‘The BBC has paid £1.64m in damages over the deaths of 11 former staff who died from cancer after working in corporation buildings riddled with asbestos, the Observer can reveal.’

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The Guardian, 30th January 2022

Source: www.theguardian.com

Ex-Fat Duck pastry chef sues for £200k over RSI claims – The Guardian

Posted December 14th, 2021 in industrial injuries, news, personal injuries by tracey

‘A former pastry chef at Heston Blumenthal’s Fat Duck restaurant has claimed she was left with crippling repetitive strain injury from placing sweets into bags using tweezers and hand-making chocolate playing cards and about 550 whisky wine gums a day, court documents show.’

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The Guardian, 13th December 2021

Source: www.theguardian.com

BBC presenter hurt while playing role of ‘crash test dummy’ awarded £1.6m damages – The Independent

‘A television presenter has been awarded £1.6m in damages after he suffered brain and spine injuries while acting as a “crash test dummy” in a science programme. Jeremy Stansfield won a High Court battle with the BBC on Friday, with Dame Justice Amanda Yip ruling that the injuries he received in 2013 had derailed his “successful career in television” and restricted his enjoyment of life.’

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The Independent, 2nd October 2021

Source: www.independent.co.uk