12 King's Bench Walk

This Practice Note deals with the meaning of chronic pain, the different types of chronic pain, medical evidence, causation issues, quantum and costs. It covers complex regional pain syndrome (CRPS)/reflex sympathetic dystrophy, chronic pain syndrome, chronic fatigue syndrome (also known as ME), somatic symptom disorders (somatoform disorder), fibromyalgia (chronic widespread pain) and conversion disorders (functional neurological disorders).

This Practice Note deals with the causation issues which commonly occur in hand-arm vibration syndrome (HAVS) claims, also known as vibration white finger (VWF). Practical guidance on the best approach for dealing with this type of claim is provided including an overview of the key case law on causation, the challenges in relation to a diagnosis, the importance of photographic evidence and the claimant's description of their symptoms, apportionment of liability, and the interplay with carpal tunnel syndrome.

This Practice Note deals with symptomology, the date when the employer knew of the risk, limitation, medical evidence and quantum issues.

This Practice Note outlines the key principles of mitigation and reviews the cases which have shaped the courts’ approach to assessing mitigation issues. Pertinent issues such as the private funding of medical treatment rather than NHS treatment are considered together with the consequence of a claimant’s failure to mitigate their loss.

This Practice Note reviews the statutory regulations which relate to musculoskeletal disorders also known as repetitive strain injury (RSI) claims or work-related upper limb disorders. However, in relation to accidents occurring at work from 1 October 2013, civil liability will no longer arise from a breach of statutory duty unless the relevant regulation provides for it and such claims should therefore be based in negligence. This Practice Note also considers key case law which mainly focuses on whether the claimant's symptoms are actionable. Finally, the leading case on limitation in claims involving musculoskeletal disorders is considered.

This Practice Note is an introduction to the group of injuries which are caused or aggravated by forceful, repetitive and awkward movements with insufficient rest or recovery time. The disorders, which can be known by many collective terms, are commonly referred to as repetitive strain injuries (RSI), work-related upper limb disorders or musculoskeletal disorders. This Practice Note considers the best approach when preparing or defending a claim for these types of injuries.

This Precedent is a Particulars of Claim against an employer for damages due to noise-induced hearing loss which was incurred while the claimant worked on various building projects.

This Precedent outlines a defence on behalf of an employer denying liability for their employee developing hand-arm vibration syndrome while in their employment.

This is a precedent particulars of claim against an employer for an employee’s dermatitis which was caused by the handling of compounds.