Adverse Inferences Drawn From Failure to Adduce Noise Surveys: Brian MacKenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110 – Parklane Plowden Chambers

Posted December 10th, 2019 in causation, evidence, industrial injuries, news, noise by sally

‘The Claimant brought a claim for noise induced hearing loss (“NIHL”) which he alleged was caused by exposure to excessive levels of noise in the course of his employment with the First Defendant at the Second Defendant’s premises at various times between 1963 -1976. ‘

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Parklane Plowden Chambers, 5th December 2019

Source: www.parklaneplowden.co.uk

Supreme Court delivers Judgment in Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant) [2019] UKSC 54 on appeal from [2018] EWCA Civ 1299 – Parklane Plowden Chambers

‘The Supreme Court has delivered another significant Judgment arising from the handling of the VWF litigation against British Coal.’

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Parklane Plowden Chambers, 20th November 2019

Source: www.parklaneplowden.co.uk

Case Comment: Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors [2019] UKSC 54 – UKSC Blog

‘In a unanimous judgment, the Supreme Court has dismissed an appeal by a firm of solicitors in relation to a professional negligence claim concerning alleged under-settlement of a coal miner’s personal injury claim in 2003. The Supreme Court found that, since medical evidence of the nature subsequently obtained in the context of the professional negligence claim would not have been obtained in 2003, it should not be admissible when assessing the extent of the Claimant’s loss in the professional negligence claim. In reaching its decision, and unlike the Court of Appeal, it did not give its general views on the admissibility of evidence that would not have been available at the time of the original underlying claim.’

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UKSC Blog, 26th November 2019

Source: ukscblog.com

Supreme Court to rule on compensation in miner’s claim – Law Society’s Gazette

Posted November 20th, 2019 in damages, industrial injuries, miners, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’

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Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

‘The Death Clause’ – can basic charges be recovered under a Conditional Fee Agreement in the event of a client’s death? – 4 New Square

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by sally

‘On Thursday 24 October 2019, Mr Justice Pushpinder Saini handed down his judgment in Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB), an appeal from a decision of Master McCloud sitting in the SCCO. Roger Mallalieu appeared for the successful Appellant. Simon Teasdale explains the facts, the court’s rulings and the implications of the decision.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Law firm entitled to fees from CFA after claimant’s death – Litigation Futures

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by tracey

‘A law firm which guaranteed clients there would be “no hidden, nasty surprises” could claim over £30,000 in fees from the estate of a deceased asbestosis claimant, the High Court has ruled.’

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Litigation Futures, 29th October 2019

Source: www.litigationfutures.com

Legal View: Brain injury findings could be landmark in battle to win compensation for stricken ex-players – Daily Telegraph

‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

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