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01 November 2008
The claimant was a bin man for Nottingham City Council. He was with a team that collected “side waste”, namely black bags, not contained within wheelie bins, as long as they were correctly presented and not ripped. He was instructed to pick up such bags with the so-called “rabbit ears” or ties and hold the bag away from his body.
This is a Court of Appeal case, unaninimously finding for the claimant, who was represented by counsel Gaurang Naik and Graeme Aldous from 9 Gough Square. LJ Smith makes some very good findings for claimants in stress claims
This is a triumph of knowing the law and reading the defence.
Q fever is a bacterial infection normally associated with farm workers, transmitted to humans via livestock. For example, it can be transmitted during animal birth via contact with the placenta. It is rare and little is known about it in this country. It was called “Q” after query, as it was not known for a long time what it was.
Our client was walking her dogs along a National Trust public footpath through a field. There were cows with calves in the field. When she noticed the cows, the client placed her dogs over a wall into another field so as not to distress the cows.