Category: industrial injuries

Opine and No Punishment: Relief from Sanctions and Expert Evidence – 3 Hare Court

Posted August 13th, 2024 in chambers articles, damages, employment, expert witnesses, industrial injuries, news by tracey

‘Does a late application for expert evidence in a discipline not addressed by existing directions require relief from sanctions, and with it, the formal application of the Denton test? In this article, Daniel Goldblatt and Katharine Bailey explore the practical implications of the Court of Appeal’s decision in Yesss, with a particular focus on late applications for expert evidence which may jeopardise a trial date.’

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3 Hare Court, 8th August 2024

Source: www.3harecourt.com

Company fined £1m over worker’s 36ft fall – BBC News

Posted August 7th, 2024 in accidents, employment, fines, health & safety, industrial injuries, news, personal injuries by sally

‘A logistics company has been fined £1m after an employee fell 36ft (11 metres) on to a concrete floor.’

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BBC News, 6th August 2024

Source: www.bbc.co.uk

CA rules police disablement gratuity not occupational pension scheme – Pensions Barrister

Posted June 24th, 2024 in appeals, chambers articles, disabled persons, disciplinary procedures, employment, employment tribunals, equality, industrial injuries, news, pensions, police by tracey

‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

Cuthbert and White: When the dust settles … what does it mean? – Asbestos Law

Posted April 25th, 2024 in asbestos, causation, industrial injuries, news by sally

‘In this blog post, John-Paul Swoboda considers the recent case of Cuthbert, in which Michael Rawlinson KC, Max Archer and Jessica Franklin acted for the Appellant, the widow of Mr Derek Barry Cuthbert and executrix of his estate.’

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Asbestos Law, 25th March 2024

Source: asbestoslawblog.uk

Pork pie firm fined £800,000 after Nottingham workers lose fingers – BBC News

Posted March 26th, 2024 in accidents, fines, guilty pleas, health & safety, industrial injuries, news by tracey

‘A firm that specialises in making pork pies has been fined £800,000 after two staff members lost fingers which became trapped in machinery.’

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BBC News, 25th March 2024

Source: www.bbc.co.uk

When is Relief Not Relief? – Pump Court Chambers

Posted March 8th, 2024 in appeals, chambers articles, civil procedure rules, damages, employment, health & safety, industrial injuries, news, personal injuries, sanctions by sally

‘Relief from Sanctions applications continue to take up a disproportionate amount of court time both in the lower Courts and on appeal. It is rare for a week to go by without some aspect of CPR 3.9 and Denton and others v TH White Ltd and another [2014] EWCA Civ 906 (Denton) being the subject of scrutiny. The all-pervasive nature of Denton has led to such applications being made when arguably it was unnecessary or erroneously applied.’

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Pump Court Chambers, 13th February 2024

Source: www.pumpcourtchambers.com

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

Posted February 19th, 2024 in accidents, company directors, company law, corporate manslaughter, employment, fines, health & safety, imprisonment, industrial injuries, news, sentencing by tracey

‘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

Posted January 3rd, 2024 in appeals, causation, chambers articles, damages, employment, health & safety, industrial injuries, news, personal injuries by sally

‘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

Posted April 17th, 2023 in asbestos, cancer, employment, health & safety, hospitals, industrial injuries, news, teachers by tracey

‘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

Posted April 12th, 2023 in armed forces, chambers articles, damages, disabled persons, employment, government departments, industrial injuries, news, noise by sally

‘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

Posted April 12th, 2023 in chambers articles, damages, duty of care, industrial injuries, negligence, news, personal injuries, sport by sally

‘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

Posted April 5th, 2023 in asbestos, cancer, chambers articles, compensation, damages, families, industrial injuries, news, standard of proof by sally

‘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

Posted March 27th, 2023 in coronavirus, disability discrimination, disabled persons, employment, equality, industrial injuries, news, statistics by tracey

‘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

Posted January 20th, 2023 in armed forces, compensation, damages, employment, health & safety, industrial injuries, negligence, news, noise, personal injuries by tracey

‘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

Posted January 13th, 2023 in accidents, airlines, employment, fines, health & safety, industrial injuries, news, personal injuries by tracey

‘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