Disease - March 2008
This edition includes our regular asbestos update; an update on
the progress of the deafness test cases;……
…… comment upon the complaint from slate
workers being unable to recover damages; Limitation and the recent
appeal in Hoare; work related upper limb disorder class action;
call centre deafness; recent costs decisions; and our regular
review of trends and what is on the horizon.
Asbestos update
A regular feature in the disease newsletter
providing an up to date round up of asbestos related issues.
Gloria Ginvert, Partner in the Dedicated Disease
Unit gives an overview and explains the current situation.
Limitation
Does the House of Lords decision in the case
of A v Hoare involve a radical change to the existing law on
limitation? Deborah
Edwards, undertakes an analysis of the Judgment and clarifies
how the law has been changed by the decision.
Costs
Costs capping needs to be more widespread and
not limited to high value cases, suggests Rob Williams.
He
also provides his views and also comments on Gloucester
County Council v Evans which confirms the legitimacy of
discounted fee agreements.
Industrial Deafness
Despite funding problems for the Claimants,
the appeal trundles on with an application from the Claimants to
set aside an earlier order on costs. Jim
Byard, provides an update on the Nottingham Textile Deafness
Litigation.
Work related upper limb disorder – class action
Certain sections of the retail industry are
seeing an increase in claims for upper limb
disorders. Jim Byard, comments on what is causing the
problem.
Can slate workers claim?
A recent press article suggested that slate
workers cannot recover compensation where their employers have
ceased to trade. Gloria Ginvert comments and looks at the
proposed reforms to the Third Party (Rights against Insurers) Act
1930 to make claims against insurers less complicated.
Call centre deafness
What levels of noise are call centre workers
exposed to? Mike Lawson considers the research and provides
advice on steps employers can take to avoid claims.
Trends
What does the future hold for new conditions
and what is happening in the wider disease arena? Kieran Jones
comments upon the first UK reported case of “popcorn lung”,
suggested links between shift-work and cancer, direct links between
occupational stress and heart disease, the first reported death
from asthma triggered by environmental exposure to cigarette smoke
and potential links between exposure to pesticides and adult
diabetes.
We hope that you find our bulletin informative
and practical and we would welcome feedback on ways in which we can
ensure that the bulletin best meets your needs. The
Bulletin’s joint editors are Gloria
Ginvert and Kieran
Jones.
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 accepts no
responsibility for any loss that may arise from reliance on the
information in this update. The copyright in this update is
owned by Weightmans LLP.