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Law Bulletin - May 2005

VWF: Court of Appeal brings forward date of knowledge to 1989 for car fitters [Liability]

This appeal arose from the judgment reported in the December 2004 Law Bulletin.

Workplace Regulation cases: slips and trips [Liability]

A care assistant at a nursing home slipped on water in a hallway.

Dinner ladies and dermatitis/COSHH swimming pool cases [Liability]

The claimant had worked for nearly 20 years as a dinner lady without any skin problems after washing up.

Work Equipment cases [Liability]

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.)

Falls from heights [Liability]

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.

Periodical payments [Damages]

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.

Award for repetitive strain injury [Damages]

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.

Construction Regulations: was the claimant employed at the time? [Other News]

The claimant fell 4.5 metres through the fragile roof of a partially constructed farm building.