Hopps v Mott Macdonald (July 2009) Queens Bench :
The Ministry of Defence was not liable for injuries sustained by the Claimant following a roadside bombing in Basrah, Iraq as the level of risk at the time did not warrant additional armouring of the Claimant's vehicle. The cases sees the first judicial use of Section 1 of the Compensation Act 1996 where the duty of care on a Defendant could be modified if compliance with that duty would present a 'desirable activity'being undertaken.
RTA Claims process terms expected shortly (July 2009) :
Following extensive discussions between the Ministry of Justice, representatives of the Lawyers organisations acting for injured victims (APIL / MASS) and the insurance industry there now appears to be broad agreement as to the terms of the new streamlined claims procedure for Road Traffic Accidents. The procedure, which is intended to deliver fast and fair compensation for modest value road traffic cases of up to £10,000.00 is due to be fully implemented by April 2010. The procedure changes are extensive with faster timescales for responses on liability decisions and staging of legal fees. The detail of the procedure has been mediated by representatives of the Civil Justice Council, Claimant Lawyer representatives and Insurer representatives. News on the details should be released in September 2009 when a current embargo on announcement of the outcome of the mediation is expected to be lifted.
CICS Bill introduced in Parliament (July 2009) :
Frank Field MP introduced the Criminal Injuries Compensation Scheme (Review) Bill in the House of Commons this month. The Bill would establish a review body to look at whether the cap on payments to victims of terrorism under the CICS can be raised. The present maximum award for terrorism claims is £250,000, which Mr Field argued is not enough. The Bill is now scheduled for second reading debate on 16 October.
Miner's Knee - now prescribed disease (July 2009) :Miners suffering from osteoarthritis of the knee, commonly known as 'Miner's Knee' will be able to apply for compensation through the Industrial Injuries Disablement Benefit scheme. Ministers have decided to act on a recommendation from the Industrial Injuries Advisory Council that coal miners with the disease who have worked underground for ten years or more should be able to claim Industrial Injuries Disablement Benefit. The changes will take effect on 13 July 2009
Gray v Thameslink Trains (June 2009 ) House of Lords :
The House of Lords upheld an appeal from the Defendants that they should not be liable for the losses suffered by Mr Gray as a result of a consequence of a criminal act he committed. Mr Gray had been injured and had developed severe psychological problems following the Ladbroke Grove Rail Accident. The Defendant company was liable for the crash itself, which resulted in the development of Mr Gray's injuries. However, the House of Lords held that as a matter of public policy, the Defendant could not be liable for the consequences of the criminal acts of Mr Gray.
Atomic Veterans Test Litigation (June 2009) High Court :
The High Court rejected an argument put forward by the Ministry of Defence that the claims of 1000 Claimants who were potentially exposed to harmful radiation during atomic bomb tests in the 1950s were out of time in bringing their claims. There had been suggestions that the MOD would consider the claims if scientific evidence could establish a case. However, when such evidence was provided the MOD alleged that the cases were already outside the three year limitation period. The Judge, hearing 10 lead cases concluded that 5 had been brought within time, and that discrection should be exercised to dissapply the 3 year period in an additional 5 cases. The cases continue.
Pleural plaques judicial review kicks off in Scotland (May /June 2009) :
Four of the biggest names in the insurance industry are attempting to halt a new law which gives victims of pleural plaques (asbestos conditions which do not give rise to current symptoms - see below in relation to the progress of the Asbestos - Related Conditions Bill in England & Wales) the right to seek compensation in Scotland. The Damages (Asbestos-Related Conditions) (Scotland) Act came into force on Wednesday, 17 June, overturning the House of Lords ruling that people with pleural plaques are not compensatable. Axa, Norwich Union, RSA and Zurich appeared at Court of Session claiming that the Act would result in a sharp hike in premiums for all customers and businesses in Scotland. The judicial review now seems unlikely to conclude until September.
Government consults on changes to Animals Act (June 2009) :
The amendment to the Animals Act 1971, which the Government had planned to introduce on 1 October is now on hold. The proposed amendment would limit the application of strict liability, and could leave injured people without compensation. As a result of substantial responses received following consultation, the proposed changes are to be reexamined by Ministers and officials at DEFRA before any further changes are to be implemented.
Baker v Quantum Clothing (May 2009) Court of Appeal
In a claim for noise induced hearing loss (industrial deafness) the Court of Appeal accepted that all employers had a statutory duty to protect workers from noise exposure in the range 85 to 90 dba (l8) from January 1978 onwards. The Court of Appeal also analysed section 29 of the Factories Act 1961 and confirmed that the duty under that section to keep a workplace safe was to be judged as an objective standard, not by questions of reasonable foreseeability at the time. The argument of reasonable practicability (i.e, it was not practical to take further steps to make the workplace safer) remains as a valid defence. The judgement may have wide reaching effect in industrial disease cases in the future.
Smith v Northamptomshire County Council (May 2009) House of Lords :
The House of Lords gave guidance in this case on the application of the Provision and Use of Work Equipment Regulations 1998 where the equipment in question was a wheelchair ramp which was supplied by a third party (an NHS Trust) but used by the employer of necessity (to transport a severely disabled wheelchair bound patient) as part of the injured Claimant's day to day work. The House of Lords attempted to clarify what is meant by 'work equipment' in the context of the Regulations which impose strict duties on employers in relation to maintenance and suitability of any equipment in question.
Pleural plaques Bill makes progress at Westminster (April 2009) :
The Damages (Asbestos-Related Conditions) Bill, has now been debated following its introduction as a Private Members Bill. The principle of the Bill, which would overturn the House of Lords ruling that no damages are payable for asbestos conditions which do not give rise to current symptoms, was agreed to by all parties, and the Bill was agreed to by all MPs who were present, without needing a vote. The Bill is still a long way from becoming law, and just before the summer recess of parliament Justice Secretary Jack Straw told the House of Commons that no announcement on pleural plaques would be made until October.
If you want to support this bill, then please click here to sign our Pleural Plaques petition..
Eeles v Cobham Hire Services (2009) Court of Appeal :
On an application for interim payment of damages in a catastrophic injury case (for the purpose of purchasing a property for the Claimant and his family to live in before the final damages figure could be assessed) the Court of Appeal gave guidance on how to approach such an application when there is a likelihood that the final damages figure will also need to include a lump sum to be invested as part of a periodical payments order (where damages would be paid out over time as index linked income to pay for care needs of the injured Claimant).