Disease – November 2007
This edition includes our regular asbestos update; an
update on the progress of the deafness test cases;...
...the practical effect of the 2005 Noise at Work
Regulations in relation to the leisure sector; obtaining
alternative expert evidence; DNA testing; stress and
protection from harassment and our regular review of trends and
what is on the
horizon
Industrial Deafness.
As one door seems to be closing, another opens to potential
claims for noise induced hearing loss. Jim Byard Partner in
Weightmans Dedicated Disease Unit in Leicester provides an update
on the Nottingham textile deafness test litigation and comments
upon the duty imposed on the leisure and entertainment industry by
the Noise at Work Regulations 2005 in the run up to the crucial
April 2008 date.
Asbestos update
The long awaited judgment in the pleural plaques appeals was
handed down by the House of Lords on the 24 October 2007.
Graham Dean and Kieran Jones Partners in the DDU in
Liverpool comment on this decision and Judith Peters Partner in the
DDU also in Liverpool reports on Cameron v Vinters Defence Systems
Ltd . Gloria Ginvert Partner in the DDU In Leicester provides
a round up of other asbestos related issues.
Medical experts - all change
In our last
newsletter, we warned of an attempt by Claimant’s solicitors to
change their medical expert. In this issue Gloria Ginvert
Partner in the DDU in Leicester looks a little closer at situations
where a party is likely to be given permission to obtain
alternative expert evidence.
DNA testing to prove exposure?
Scientists
in the USA maintain they have developed a technique for testing DNA
which identifies if an individual health has been damaged by
exposure to harmful substances. Kieran Jones Partner and head of
Weightmans DDU and Kath Potter Solicitor in DDU Birmingham comment
upon how such tests have been used in the States and the potential
effect upon disease litigation in England and Wales.
Stress
In Conn v Sunderland City Council the Court of
Appeal have provided their first guidance on what constitutes
harassment under the Protection of Harassment Act 1997 since
Majrowski. Roddy Macleod, Partner in Weightmans Manchester
comments.
Trends
What is on the horizon in terms of conditions
which could result in compensation claims in the
future? Gloria Ginvert Partner Leicester DDU and Kieran Jones
Partner DDU comment upon occupational cancers, and possible links
between mobile phones and the risk of brain cancer and upon the
HSE’s latest campaign.
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 editor is
Kieran Jones, who can be contacted at: kieran.jones@weightmans.com
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.