Although Tony Blair has spoken out against the theory of a compensation culture, he has called for new laws to address the compensation culture myth and to replace it with a “common sense culture”.
The Compensation Bill will “limit the work of claims management companies and clarify the existing common law on negligence... providing reassurance to those who may be concerned about the possible litigation such as volunteers, teachers and local authorities”.
The prime minister also mentioned the NHS Redress Bill, designed to give patients a quicker redress earlier in the process for low-value clinical negligence cases, and provide a real alternative to litigation avoiding the delays of the current system.
Website for the WRULD
Humane Technology, a company providing ergonomics, consultancy and training services, has been awarded HSE funding to update and maintain a website of judgments in personal injury claims for work related upper limb disorders.
The HSE intends to re-launch the website soon. It is referred to in the HSE’s latest guidance on WRULD and can be found at http://www.humanetechnology.co.uk/wruld
Anyone dealing with ASLEF and RMT cases should familiarise themselves with The Yellow Book which is available at www.yellowbook-rail.org.uk.
From Our Scottish Offices
Workplace regulations claim fails
The claimant had propped a ladder resting on a rail of bobbins protruding from shelving. He said that he fell from the ladder when it suddenly shifted while he was going up it. He alleged a breach of regulation 5 of the Workplace Regulations.
The court accepted that he fell from a ladder that he had propped against the shelving, but found that he had not proved, on a balance of probabilities, that the ladder shifted because of some insecurity in its positioning consequent upon protruding bobbins, or that he fell because of the shifting of the ladder.
The Judge held that he had not established exactly how it happened or that it happened due to the ladder shifting; and that even were it assumed that the accident happened because the ladder shifted, he had not established that the ladder shifted because it was propped on protruding bobbins. He therefore failed to show that the accident occurred as a result of a breach of Regulation 5.
Gillanders -v- Arthur Bell (Scotch Tweeds) Limited. Lord Brodie 26 April 2005.