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.
Law Society’s Gazette, 17th March 2015
Source: www.lawgazette.co.uk
‘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.’
UK Human Rights Blog, 11th February 2015
Source: www.ukhumanrightsblog.com
Supreme Court, 9th February 2015
‘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.’
Litgation Futures, 11th December 2014
Source: www.litigationfutures.com
‘New measures to support sufferers of the industrial disease mesothelioma and their families have been announced by Justice Minister Lord Faulks.’
Ministry of Justice, 8th December 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Compensation payouts to miners suffering from noise-induced hearing loss (NIHL) are rising sharply, government figures have shown.’
Litigation Futures, 20th October 2014
Source: www.litigationfutures.com
‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’
BBC News, 2nd October 2014
Source: www.bbc.co.uk
‘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.’
The Independent, 1st August 2014
Source: www.independent.co.uk
‘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.’
The Independent, 20th July 2014
Source: www.independent.co.uk
‘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
‘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
‘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).’
Legal Futures, 22nd May 2014
Source: www.legalfutures.co.uk
‘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.’
Ministry of Justice, 6th March 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
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
‘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.’
Litigation Futures, 15th January 2014
Source: www.litigationfutures.com
‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’
Ministry of Justice, 4th December 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
‘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.’
Litigtaiton Futures, 5th December 2013
Source: www.litigationfutures.com
‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’
Ministry of Justice, 4th December 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“A government scheme designed to speed payments to mesothelioma sufferers could leave them thousands of pounds out of pocket and will not help other asbestos victims, according to claimant personal injury lawyers.”
Litigation Futures, 9th May 2013
Source: www.litigationfutures.com
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