Category: industrial injuries

After settlement of a claim for asbestos-related disease against two employers, is it an abuse of process to bring a claim for mesothelioma against a third employer two and a half years later? – Zenith PI Blog

Posted March 31st, 2015 in abuse of process, asbestos, industrial injuries, limitations, news by sally

‘The High Court decision in Lloyd v Humphreys and Glasgow Ltd [2015] EWHC 525 (QB) handed down on 20.3.2015 considers if there was abuse of process in those circumstances. It is also a useful example of the Court’s willingness to exercise its discretion under section 33 of the Limitation Act 1980.’

Full story

Zenith PI Blog, 30th March 2015

Source: www.zenithpi.wordpress.com

Judge criticises insurer bid to cut costs by reclassifying noise-induced hearing loss – Litigation Futures

Posted March 17th, 2015 in civil procedure rules, costs, fees, industrial injuries, insurance, news, noise, personal injuries by sally

‘A High Court judge has criticised the insurance industry over a failed attempt to have noise-induced hearing loss (NIHL) reclassified as an injury rather than a disease, in a bid to reduce the level of pre-Jackson success fees defendants would have to pay.’

Full story

Litigation Futures, 16th March 2015

Source: www.litigationfutures.com

Noise-induced hearing loss a disease, High Court rules – Law Society’s Gazette

Posted March 17th, 2015 in civil procedure rules, fees, health, industrial injuries, news, noise, personal injuries by sally

The High Court has ruled that noise-induced hearing loss (NIHL) should be treated as a disease rather than an injury for the purpose of claims – and therefore be subject to higher success fees.

Full story

Law Society’s Gazette, 17th March 2015

Source: www.lawgazette.co.uk

Supreme Court says Welsh NHS charges Bill in breach of A1P1 – UK Human Rights Blog

Posted February 12th, 2015 in appeals, asbestos, bills, compensation, costs, health, human rights, industrial injuries, news, Supreme Court, Wales by sally

‘Sounds like a rather abstruse case, but the Supreme Court has had some important things to say about how the courts should approach an argument that Article 1 of Protocol 1 to ECHR (the right to peaceful enjoyment of possessions) is breached by a legislative decision. The clash is always between public benefit and private impairment, and this is a good example.’

Full story

UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales – Supreme Court

Posted February 10th, 2015 in appeals, asbestos, bills, compensation, costs, industrial injuries, insurance, law reports, Supreme Court by sally

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales [2015] UKSC 3 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Government blames High Court for denying mesothelioma victims damages uplift –

Posted December 12th, 2014 in costs, damages, industrial injuries, insurance, legal aid, news by sally

‘The High Court’s decision to block the abolition of recoverability for mesothelioma claims has denied victims the 10% uplift in damages they would otherwise have received, justice minister Lord Faulks has said.’

Full story

Litgation Futures, 11th December 2014

Source: www.litigationfutures.com

New support for industrial disease victims – Ministry of Justice

Posted December 9th, 2014 in asbestos, compensation, industrial injuries, news, victims by sally

‘New measures to support sufferers of the industrial disease mesothelioma and their families have been announced by Justice Minister Lord Faulks.’

Full story

Ministry of Justice, 8th December 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Miners’ deafness claims against government on the rise – Litigation Futures

Posted October 20th, 2014 in compensation, health & safety, industrial injuries, miners, news, noise, personal injuries, statistics by sally

‘Compensation payouts to miners suffering from noise-induced hearing loss (NIHL) are rising sharply, government figures have shown.’

Full story

Litigation Futures, 20th October 2014

Source: www.litigationfutures.com

Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by tracey

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

Full story

BBC News, 2nd October 2014

Source: www.bbc.co.uk

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

Posted August 1st, 2014 in asbestos, compensation, costs, industrial injuries, insurance, news, personal injuries, select committees by sally

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

Full story

The Independent, 1st August 2014

Source: www.independent.co.uk

Deaf workers accused of ‘new whiplash’ claims in insurance fraud – The Independent

Posted July 21st, 2014 in compensation, industrial injuries, news by sally

‘Compensation claims for industrial deafness have risen by two thirds over the past two years, according to insurance and legal experts. Despite the increase, however, only one in 10 cases are being paid out amid claims of widespread fraud.’

Full story

The Independent, 20th July 2014

Source: www.independent.co.uk

High Court sets out new procedure to help families of asbestos victims access employment records – Litigation Futures

Posted July 11th, 2014 in asbestos, disclosure, employment, health & safety, industrial injuries, news, personal injuries by sally

‘The High Court has set out a new procedure to help the families of workers who died from asbestos-related diseases trace their employment histories.’

Full story

Litigation Futures, 11th July 2014

Source: www.litigationfutures.com

Regina (Revenue and Customs Commissioners) v Her Majesty’s Coroner for the City of Liverpool (Association of Personal Injury Lawyers intervening) – WLR Daily

Posted May 29th, 2014 in coroners, HM Revenue & Customs, industrial injuries, inquests, law reports by michael

Regina (Revenue and Customs Commissioners) v Her Majesty’s Coroner for the City of Liverpool (Association of Personal Injury Lawyers intervening) [2014] EWHC 1586 (Admin);  [2014] WLR (D)  226

‘The Revenue and Customs Commissioners were bound, by necessary implication, to comply with a notice issued by a coroner pursuant to Schedule 5 to the Coroners and Justice Act 2009, requiring them to provide an occupational history in respect of a deceased person.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

CA upholds negligence ruling in miner’s compensation case – Legal Futures

Posted May 22nd, 2014 in appeals, compensation, industrial injuries, miners, negligence, news by sally

‘The Court of Appeal has upheld a ruling that Yorkshire law firm Raleys was negligent in its handling of a claim under the government compensation scheme for ex-miners suffering from vibration white finger (VWF).’

Full story

Legal Futures, 22nd May 2014

Source: www.legalfutures.co.uk

Support for industrial disease victims – Ministry of Justice

Posted March 6th, 2014 in asbestos, compensation, consultations, health, industrial injuries, press releases, victims by tracey

‘Sufferers of a deadly industrial disease will be the focus of work to improve the compensation claims process for them, new Justice Minister Lord Faulks said today.’

Full press release

Ministry of Justice, 6th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Mesothelioma Act 2014

Posted January 31st, 2014 in asbestos, cancer, compensation, industrial injuries, legislation, personal injuries by sally

Mesothelioma Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Haxton v Philips Electronics UK Ltd – WLR Daily

Posted January 24th, 2014 in asbestos, damages, industrial injuries, law reports, negligence, personal injuries by sally

Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4; [2014] WLR (D) 19

‘There was no reason of principle or policy why a claimant whose life expectancy had been reduced by the negligence of the defendant should not be able to recover damages compensating her for the consequent reduction in damages for loss of dependency which she was entitled to claim in a separate action against the same defendant under the Fatal Accidents Act 1976 as a dependant of her late husband.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Justice for asbestos victims moves forward – Litigation Futures

Posted January 17th, 2014 in asbestos, bills, compensation, industrial injuries, news, personal injuries by sally

‘In early December, I wrote about the new HMRC policy doing nothing but stifle access to justice for asbestos victims. And my opinions on that side of things still hold true.’

Full story

Litigation Futures, 15th January 2014

Source: www.litigationfutures.com

Industrial disease victims central to changes – Ministry of Justice

Posted December 6th, 2013 in asbestos, compensation, consultations, industrial injuries, insurance, press releases, victims by tracey

‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’

Full press release

Ministry of Justice, 4th December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures

Posted December 6th, 2013 in asbestos, bills, consultations, costs, industrial injuries, insurance, news, pre-action conduct by tracey

‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’

Full story

Litigtaiton Futures, 5th December 2013

Source: www.litigationfutures.com