Brain-damaged claimant should not learn of £6.7m award, court rules – Law Society’s Gazette

‘The High Court has taken the unusual step of stopping a personal injury claimant from knowing what compensation he has received.’

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Law Society's Gazette, 10th October 2019

Source: www.lawgazette.co.uk

Case Preview: Edwards v Hugh James Ford Simey (a firm) – UKSC Blog

‘Rory Thomson, a senior associate in the Insurance and Reinsurance Group at CMS, previews the appeal pending in the case of Edwards v Hugh James Ford Simey (a firm). The case concerns the correct approach to the assessment of damages in a claim for loss of chance arising from solicitors’ negligence, and the extent to which a court should admit evidence obtained after the date of settlement of the original claim as part of that assessment. The appeal was heard by the UK Supreme Court on 25 July 2019, and its judgment is currently awaited.’

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UKSC Blog, 30th September 2019

Source: ukscblog.com

Council hit with £100k fine after exposing workers to Hand Arm Vibration Syndrome – Local Government Lawyer

Posted September 19th, 2019 in employment, fines, health & safety, industrial injuries, local government, news by tracey

‘Dacorum Borough Council has been fined £100,000 for exposing seven grounds maintenance workers to Hand Arm Vibration Syndrome (HAVS), caused by excessive use of power tools.

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Local Government Lawyer, 18th September 2019

Source: www.localgovernmentlawyer.co.uk

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

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4 KBW, 6th August 2019

Source: www.4kbw.net

St Helens woman scalped and lost ear and thumb in factory machine – BBC News

Posted July 3rd, 2019 in fines, health & safety, industrial injuries, news, personal injuries by sally

‘A woman was scalped and had her thumb amputated after her hair was trapped in a machine at a flooring and mouldings factory, a court has heard.’

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BBC News, 2nd July 2019

Source: www.bbc.co.uk

‘Spiking’ of mesothelioma reinsurance claims not permitted – OUT-LAW.com

‘Insurers are not permitted to “spike” mesothelioma-related reinsurance claims arising under employers’ liability policies, the The Court of Appeal in the UK has ruled.’

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OUT-LAW.com, 6th June 2019

Source: www.out-law.com

Leading firm held liable for asbestos case blunder – Legal Futures

‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’

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Legal Futures, 1st May 2019

Source: www.legalfutures.co.uk

New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’

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Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

Court allows ‘indulgence’ of adding group claims after deadline – Law Society’s Gazette

Posted February 6th, 2019 in class actions, industrial injuries, news, personal injuries, time limits by tracey

‘The High Court has allowed what it called the “indulgence” of allowing an extra 20 industrial disease cases into a group litigation order – two months after the already-extended deadline for registration had passed.’

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Law Society's Gazette, 5th February 2019

Source: www.lawgazette.co.uk

British Coal coke oven workers: Widow wins court battle – BBC News

Posted August 16th, 2018 in compensation, damages, families, industrial injuries, miners, news by sally

‘The widow of a coke oven worker who suffered chronic bronchitis because of harmful fumes has won £15,853 in a court battle against the UK government.’

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BBC News, 15th August 2018

Source: www.bbc.co.uk

The Avoidance of Doubt(fire): police pensions and subsequent Selected Medical Practitioner determinations – UK Police Law Blog

Posted June 14th, 2018 in industrial injuries, news, pensions, police by tracey

‘The determinations of Selected Medical Practitioners (SMPs) made under the various Police Pensions Regulations and the Police (Injury Benefit) Regulations 2006 are, in many cases, supposed to be final unless or until they are appealed. Subsequent SMPs, Police Medical Appeal Boards and, on occasion, the lawyers acting for both officers and police pension authorities, seem prone to forget this principle. When they do, the High Court always welcomes them with open arms and a consistent eagerness to remind them that careful adherence to the statutory procedures for injury on duty awards is in everyone’s long-term interest. The case of R (Evans) v Chief Constable of Cheshire Constabulary and Police Medical Appeals Board [2018] EWHC 952 (Admin) is the latest case to confirm this principle.’

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UK Police Law Blog, 13th June 2018

Source: ukpolicelawblog.com

Fixed costs only where pre-action protocol not followed – Zenith PI

‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’

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Zenith PI, 1st May 2018

Source: zenithpi.wordpress.com

Housing association fined £30k over Hand Arm Vibration Syndrome failings – Local Government Lawyer

Posted April 5th, 2018 in costs, fines, health & safety, industrial injuries, local government, news by sally

‘A community housing association in Wales has been fined £30,000 after it failed to effectively manage its employees’ exposure to Hand Arm Vibration Syndrome (HAVS) over a prolonged period of time.’

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Local Government Lawyer, April 2018

Source: www.localgovernmentlawyer.co.uk

Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog

‘The ROH has been found liable for failing to protect the hearing of its musicians and for causing acoustic shock to former viola player Chris Goldscheider. This is the first time a musical institution has been found responsible for damage to the hearing of musicians, and the first time that acoustic shock as been recognised as an injury sounding in damages.’

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UK Human Rights Blog, 2nd April 2018

Source: ukhumanrightsblog.com

Musician wins landmark ruling over ruined hearing – BBC News

Posted March 29th, 2018 in artistic works, employment, health & safety, industrial injuries, news, noise by tracey

‘A viola player who suffered a life-changing hearing injury at a rehearsal of Wagner’s Die Walkure in 2012 has won a landmark High Court judgment against the Royal Opera House (ROH).’

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BBC News, 28th March 2018

Source: www.bbc.co.uk

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

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UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

Supreme Court decision today: salt sensitisation is an actionable injury – Zenith PI

Posted March 21st, 2018 in industrial injuries, news, personal injuries, Supreme Court by tracey

‘In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action.’

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Zenith PI, 21st March 2018

Source: zenithpi.wordpress.com

MPs begin inquiry into effectiveness of working at height rules – OUT-LAW.com

Posted January 24th, 2018 in consultations, health & safety, industrial injuries, news, sentencing by tracey

‘Construction firms and trade bodies have been urged to contribute to a new inquiry into best practice and solutions for tackling serious injury and fatalities for working at height.’

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OUT-LAW.com, 23rd January 2018

Source: www.out-law.com