Occupational disease

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Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Occupational disease content

Practice notes
It is essential for those pursuing personal injury claims on behalf of claimants who have contracted disease as a result of exposure to asbestos to...
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9th Apr
Practice notes
Originally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership with Andrew Wilson.See Practice Note: Did the...
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9th Apr
Practice notes
This Practice Note considers how civil liability is imposed when a person, typically (though not exclusively) an employee, suffers dermatitis due to...
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9th Apr
Practice notes
For detailed guidance on the common law duty of care in relation to asbestos claims see Practice Note: Asbestos—the common law duty of care.Breach of...
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9th Apr
Practice notes
This Practice Note considers how civil liability is imposed when a person, typically (though not exclusively) an employee, suffers asthma due to...
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9th Apr
Practice notes
In order to recover damages a claimant in a personal injury claim must establish that the defendant caused or made a material contribution to the...
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9th Apr
Practice notes
RegulationsThere are a range of statutory regulations which are applicable in this area. However, on 1 October 2013, s 69 of the Enterprise and...
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Produced in partnership with Tom Pacey of 12 King's Bench Walk 9th Apr
Practice notes
SymptomologyThe most apparent symptom of vibration white finger (VWF), also known as hand-arm vibration syndrome (HAVS) is whitening of the fingers...
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Produced in partnership with Tom Pacey of 12 King's Bench Walk 9th Apr
Practice notes
For further guidance and discussion on the impact of section 69 of the Enterprise and Regulatory Reform Act 2013 for injuries at work post 1 October...
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Produced in partnership with Tom Pacey of 12 King's Bench Walk 9th Apr
Practice notes
This Practice Note is intended to deal with the legal principles which apply to claims of occupational cancer, but it homes in on the issue of...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
'Repetitive strain injury' (RSI) usually refers to pain or injury arising from repetitive movements. Most commonly, the repeated movements cause...
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Produced in partnership with Tom Pacey of 12 King's Bench Walk 9th Apr
Practice notes
Chronic pain and its meaningChronic pain is a generic term which encompasses cases where the claimant has symptoms of pain, but medical investigations...
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Produced in partnership with Tom Pacey of 12 King's Bench Walk 9th Apr
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace injuries...
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9th Apr
Practice notes
Introduction to the Insurance Act 2015The Insurance Act 2015 (IA 2015) received Royal Assent on 12 February 2015 and, apart from Part 6 of the Act,...
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Produced in partnership with Oliver Saunders of Bryan Cave Leighton Paisner LLP 25th Mar
Precedents
Your ref:Our ref:Please ask for:Date:Direct Line:Email:Dear [insert organisation name]Claimant’s Full Name:Claimant’s Full Address:Claimant’s NI...
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24th Mar
Precedents
    Your ref:Our ref:Please ask for:Date:Direct Line:Email:    Dear [insert organisation name]URGENT—LIVING MESOTHELIOMA CLAIMANTYOU MUST DEAL WITH...
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24th Mar
Practice notes
Client’s instructionsAs with any personal injury claim the client’s instructions will be crucial. If they have remained resident in the area where the...
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24th Mar
Practice notes
IntroductionTypically, a new client will come to the claimant practitioner with a recent diagnosis of illness or disease, of a type which may arise...
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24th Mar
Q&As
The date of the accident is potentially determinative of whether the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930) or the new Third...
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Produced in partnership with Andrew Wilson 18th Mar
Practice notes
For obvious reasons claimant practitioners will concentrate efforts, at least in the first instance, on a common law claim through the civil courts in...
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Produced in partnership with Andrew Wilson 15th Mar

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