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Law Bulletin - August 2005

Hearing damage at 85db [Liability]

The Court of Appeal has held that English, Welsh and Scottish Railways:

Workplace Exposure Limit [Liability]

Following consultation by HSC a new system was introduced on 6 April, which focuses on good practice and replaced Maximum Exposure Limits (MELs) and Occupational Exposure Standards (OESs) with a single type of limit – the Workplace Exposure Limit (WEL).

Assault at work trial: NHS TRUST negligent [Liability]

The claimant was a staff nurse in a mental health department. She was watching over two psychotic patients in a locked psychiatric ward.

Vicarious liability for pulling chair away [Liability]

The claimant alleged that one of her colleagues deliberately pulled her chair from underneath her as she was about to sit down.

Mud on the road [Liability]

The claimant was riding his motorcycle on the A509. As he proceeded over a roundabout, his bike skidded and slipped on mud that had accumulated on the road. The claimant alleged that the mud had been caused to accumulate on the road as a result of the negligence of the defendant, who had been a contractor working on a nearby site. Under the terms of their agreement, the defendants had to ensure the cleanliness of their vehicles before leaving the site so as to prevent pollution of the highway.

Rehabilitation [Damages]

APIL has published a Rehab Directory setting out details of all manner of rehabilitation experts. A copy should be available from any member of APIL.

Canada Life Annuity receives court approval [Damages]

Frenkel Topping have reported a case where his Honour Judge Steven Oliver-Jones QC approved a settlement in Coventry on 8 July 2005 for a patient incorporating the Canada Life Flexible Annuity contract. The tax free nature of the payments under the annuity have received advance Inland Revenue clearance, and the issues regarding the security of the contract and other related details have now been clarified.

Agreement of success fees for disease cases [Costs]

The Civil Justice Council has announced that an agreement has been reached on fixed recoverable success fees for employers’ liability disease cases. The key provisions are as follows: