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Many believed that defending claims made pursuant to the Control of Substances Hazardous to Health Regulations 2002 (COSHH) would become fairer following the introduction of the Enterprise and Regulatory Reform Act 2013 (ERRA), however, that does not seem to have been the reality.
A roundup of recent court decisions raising issues relating to a claim for ‘lost years’, allegations of unlawful air pollution levels, an acoustic shock appeal case, preferred funding methods for shortened life expectancy and a failed claim for occupational stress.
Occupational disease invariably involves looking back at working practices, which have caused or contributed to a person’s disease. Asbestos, noise and vibrating tools have been the primary focus of our occupational disease practices for many years. However, as working practices evolve, with the workplace of the future expected to look very different, so will the types of health issues affecting employees.
We have previously examined the potential occupational disease risks of the Fourth Industrial Revolution, where we refer to nanomaterials as the next ‘miracle dust ‘for its asbestos-like qualities, and it is this material that we now delve into and the specific health risks it poses.
This is the third in a series of articles on the topic of innovation in the legal services field by Partner Richard West.
Sometimes claims fraud is obvious, indisputable evidence lands on your desk and defeating the claim becomes just a matter of time.
Case review 18/04/2019
The Court of Appeal has rejected the Royal Opera House’s attempt to overturn an award of damages to a musician who suffered acoustic shock from playing in its orchestra – a decision which could be cataclysmic to the entertainment industry, with concerts and music gigs being treated equivalent to a factory, with little justification for excessive noise due to artistic value.
The focus of Health and Safety Executive prosecutions has historically been on companies that have exposed their employees to safety risks, as opposed to vibration and other health related failings. However, in recent years the HSE has made a concerted effort to make workplaces healthier as well as safer.
The Civil Liability Bill passed the Lords without amendment on 20 November 2018 and will become law as soon as it is granted Royal Assent.
A round up of recent court decisions raising issues relating to disclosure of documents from a non-party, causation in an asthma case, acoustic shock from live music, the scope of an actionable personal injury, low level mesothelioma exposure and limitation in a hearing loss claim dating back 32 years.