A v IORWORTH HOARE : C v MIDDLESBROUGH COUNCIL : X & ANOR v WANDSWORTH LBC : H v SUFFOLK COUNTY COUNCIL : YOUNG v CATHOLIC CARE (DIOCESE OF LEEDS) (30/1/08) :
In the above case, widely publicised as the 'lottery rapist' case, the House of Lords overturns a previous House ruling that in cases of assault, as opposed to negligent injury, a fixed time limit of 6 years for bringing proceedings applies. The House has stated that the time limit is the same as for other personal injury cases, being 3 years from the date of an incident, or three years from 'knowledge' of an incident, but with the Court having a discretion relating to the time limits. The House of Lords has also given guidance as to how the discretion is to be applied, particularly in cases of sexual abuse.
EILEEN CORR (ADMINISTRATRIX OF THE ESTATE OF THOMAS CORR, DECEASED) v IBC VEHICLES LTD (27/2/08) :
Another decision of the House of Lords in which the House affirmed the earlier reasoning of the Court of Appeal that an employer who had seriously injured Mr Corr was also liable in damages resulting from the suicide of Mr Corr as the suicide had been as a result of a serious depression which Mr Corr has suffered from since the time of his accident.
Tameside & Glossop Acute Services NHS Trust v. Thompstone, CA, 17/1/08
The Court of Appeal held that Courts were required to determine which index was appropriate, fair and reasonable when making periodical payments orders under the Damages Act 1996 (a so - called 'structured settlement where damages are paid out over time, rather than as one lump sum). The trial judges had been correct to apply the ASHE index in three of the cases. The ASHE index was an index based on the earnings of care professionals. The index was relevant to the case because the injured parties required substantial levels of professional care, both now and in the future. The question of whether or not the RPI was sufficient was a comparative exercise and would depend upon what other alternatives were available. Although the judge ought to have regard for the wishes and preferences of the parties, ultimately it was for him to decide how nest to meet the claimant's needs. He was likely to be assisted by the report of an independent financial adviser.
British Lung Foundation study finds ignorance of asbestos risks.
A British Lung Foundation study found that tradespeople could be inadvertantly putting themselves at risk of asbestos-related damage.The study spoke to 399 tradespeople such as builders, plumbers, carpenters, electricians and gas fitters, of varying ages. Less than a third of respondents were aware that asbestos exposure can cause cancer, and a similar number thought that most asbestos has been removed from UK buildings. In addition 74% of those surveyed hadn't been trained to deal with asbestos.
Scotland pleural plaques bill to be amended (22/2/08) :
The Scottish government is amending its proposed bill on pleural plaques to ensure that all symptomless victims can claim for damages. The bill has been extended to include people who have developed asymptomatic asbestosis or pleural thickening in order that that they, together with pleural plaques sufferers, can claim damages from negligent employers. It was created in order to overturn the House of Lords' 17 October 2007 ruling that pleural plaques is not a disease, and therefore uncompensatable.
Leo Abse and Cohen supports the right of pleural plaques victims to claim for damages for their condition. Sign our online petition and register your support for our campaign to put legislation before parliament to overturn the Court's decision which currently denies victims in England and Wales that right.