Occupational disease

Occupational disease guidance:

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 accident/contraction of...

Practice Note

Elements of the claim A claimant who has developed disease as a result of exposure to asbestos needs to prove: • a duty of care and/or a statutory duty on the part of the...

Practice Note

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 have an understanding...

Practice Note

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 duty—statutory...

Practice Note

The duty of care In most cases the establishment of a duty of care will not be problematic. Employers clearly owe a common law duty of care to their employees. That duty...

Practice Note

This Practice Note considers how civil liability is imposed when a person, typically (though not exclusively) an employee, suffers asthma due to exposure to substances...

Practice Note

Originally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership with Andrew Wilson. See Practice Note: Did the breach of duty cause...

Practice Note

Chronic pain and its meaning Chronic pain is a generic term which encompasses cases where the claimant has symptoms of pain, but medical investigations have been unable...

Practice Note

Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace injuries occurring from that...

Practice Note

Produced in partnership with Tom Pacey of 12KBW In the County Court at [insert location]Claim No. [insert number] Between X Y Claimant - and - A B Defendant 1 It is...

Precedents

This Practice Note considers how civil liability is imposed when a person, typically (though not exclusively) an employee, suffers dermatitis due to exposure to...

Practice Note

Produced in partnership with Tom Pacey of 12KBW STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The...

Precedents

For obvious reasons claimant practitioners will concentrate efforts, at least in the first instance, on a common law claim through the civil courts in respect of...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

Introduction Typically, a new client will come to the claimant practitioner with a recent diagnosis of illness or disease, of a type which may arise from historical...

Practice Note

Introduction to the Insurance Act 2015 The Insurance Act 2015 (IA 2015) received Royal Assent on 12 February 2015 and, apart from Part 6 of the Act, came into force on 12...

Practice Note

Client’s instructions As with any personal injury claim the client’s instructions will be crucial. Particularly if the client has remained resident in the area where the...

Practice Note

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 No: Claimant’s...

Precedents

Your ref:Our ref:Please ask for:Date:Direct Line:Email: Dear [insert organisation name] URGENT—LIVING MESOTHELIOMA CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY Re:...

Precedents

Produced in partnership with Simon Ellis of Hugh James Solicitors FIRST CLASS POSTYour ref: Our ref: Please ask for: Date: Direct Line: Email: URGENT—LIVING...

Precedents

The Pre-action protocol for disease and illness claims This Protocol applies to all personal injury claims where the injury is not the result of an accident but instead a...

Practice Note

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 causation and the criteria...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

'Repetitive strain injury' (RSI) usually refers to pain or injury arising from repetitive movements. Most commonly, the repeated movements cause chronic forearm pain or...

Practice Note

Regulations There are a range of statutory regulations which are applicable in this area. However, on 1 October 2013, s 69 of the Enterprise and Regulatory Reform Act...

Practice Note

Symptomology The most apparent symptom of vibration white finger (VWF), also known as hand-arm vibration syndrome (HAVS) is whitening of the fingers due to spasms of the...

Practice Note

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 2013, see Practice...

Practice Note
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