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01 May 2005
This appeal arose from the judgment reported in the December 2004 Law Bulletin.
A care assistant at a nursing home slipped on water in a hallway.
The claimant had worked for nearly 20 years as a dinner lady without any skin problems after washing up.
The House of Lords has refused leave to appeal the Court of Appeal decision in Hammond -v- Commissioner of Police for the Metropolis (2004) EWCA CIV 830 (reported in July 2004 Law Bulletin.)
As of 6 April, The Work at Height Regulations 2005 have come in and there is now a duty to prevent falls from heights under two metres. Recreational climbing is, of course, excluded.
In the first month since periodical payments came into operation we obtained an order at Leeds High Court on 20 April 2005 where the defendants were ordered to pay the claimant £50,000 per annum index linked, rising to £61,000 per annum in October 2009 payable for the rest of the claimant’s life.
It is difficult enough to win upper-limb disorder cases but those cases that do succeed rarely result in a significant award of general damages.
The claimant fell 4.5 metres through the fragile roof of a partially constructed farm building.