Disease - June 2011
This edition includes a commentary on our regular asbestos
update, Protection from Harassment Act [1997], the Supreme Court
decision in the Textile Deafness litigation, Baker v Quantum Group
and Ors, service of Proceedings, limitation, Part 36 offers, expert
immunity and our regular review of trends and what is on the
horizon.
Asbestos update
This is a regular feature in the Disease newsletter providing an
up to date round up of asbestos related issues. Gloria Ginvert provides an
overview to include a commentary on Chandler v Cape Plc and Judith
Peters reports on the Supreme Court Judgment in Sienkiewicz v Grief
(UK) Limited and Knowsley MBC v Willmore and an update on the
challenge to Scottish Pleural Plaques Legislation.
Protection from Harassment Act [1977]
Is the meaning of ‘harassment’ clearly understood? Roddy Macleod reminds us that employers can be
vicariously liable under the Protection from Harassment Act [1997]
and comments on the relevant decisions and the failure to provide a
clear definition of ‘harassment’.
Textile Deafness litigation - Baker v Quantum Group and
Others
In April 2011, the Supreme Court handed down Judgment in the
first noise induced hearing loss claim to reach either the House of
Lords or the Supreme Court. Weightmans LLP were instructed to act
for the lead Appellants. Jim Byard and Ben
Ling report on the employers’ victory. Peter Ward comments on some
of the consequences for deafness litigation following the Supreme
Court Judgment.
Service of proceedings
Service of Proceedings within the 4 month period from issue is
not the only hurdle to overcome. Ben Ling
reports on two recent successes where Claimants have served at the
last minute and overlooked other technical deficiencies.
Limitation
Is limitation still a valuable Defence to Defendants in disease
litigation? Zoe Strong considers the recent
group actions – The Atomic Veterans v Ministry of Defence and the
Coal Miners Osteoarthritis Group Litigation and discusses the
robust approach taken by the Courts.
Part 36 offers
The decision in C v D & D2 [2010] EWHC 2940 confirms the
strict application of the Civil Procedure Rules to Part 36 offers.
Lorna Hives and Gloria Ginvert discuss the
Part 36 Rule and suggest an alternative method of making settlement
offers.
Expert witness
The long standing immunity afforded to expert witnesses has
finally come to an end. Russell Daw reports
on the recent decision which brought about this major change and
also the decision in Edwards-Tubb v JD Wetherspoon regarding
disclosure of earlier reports where the Claimant changes his
expert.
Trends
What does the future hold for new conditions and what is
happening in the wider disease arena? Peter
Ward comments on asbestos prosecutions, cuts to Health and Safety
inspections and WRULD claims from beauty therapists.
We hope you find our bulletin informative and we would welcome
feedback on ways in which we can ensure that the bulletin best
meets with your needs. If you require any further information on
the articles within this bulletin or disease issues generally,
please contact Gloria Ginvert, Editor, or Jim Byard, our Head of
Practice Area.
Weightmans LLP annual disease conference will take place
on 29 June 2011 at the Burlington Hotel, Birmingham City centre. If
you wish to attend or would like more information, please
contact Sarah
Oldham or telephone 0151 242
7971.
This update does not attempt to provide a full analysis of those
matters with which it deals and is provided for general information
purposes only and is not intended to constitute legal advice and
should not be treated as a substitute for legal advice.
Weightmans LLP accept no responsibility for any loss that may
arise from reliance on information in this update. The copyright in
this update is owned by Weightmans LLP.