Stop Press :
Government consults on House of Lords' pleural plaques ruling - 6th, June 2008 :
Bridget Prentice, The Parliamentary Under Secretary of State for Justice announced the consultation which will begin in June and is expected to reach a decision in time for the Queen's speech in November.The consultation will consider options including restoring the right to compensation for pleural plaques which was removed by the House of Lords last year. Leo Abse & Cohen remains committed to restoring the rights of pleural plaques sufferers to claim compensation and would urge readers to continue to sign our online petition in conjunction with the GMB union so that as much public support can be brought into the consultation process.
Asbestos test case commences :
A test case that could determine whether thousands of mesothelioma victims receive compensation has been launched. Unite the Union is backing the 'trigger issue' case being heard in the High Court from 3 June. The case has been brought because Excess Insurance Company Limited have refused to pay compensation awarded in court to the family of mesothelioma victim Charles Michael O'Farrell.
The insurer is arguing that employer's liability policies should be triggered by the development of mesothelioma rather than by exposure like public liability policies. However the development of mesothelioma can take over 40 years, so if a victim's employer no longer exists victims would be left without compensation. This is common. The company at which Mr O'Farrell was exposed to asbestos in the 1960s ceased trading in 1986 and is currently in liquidation.
A Court of Appeal case [Bolton MBC v Municipal Mutual Insurance Ltd [2006] EWCA Civ 50] has led to this argument. The case ruled that in Public Liability insurance the policy is triggered by the development of the mesothelioma. The insurers in the trigger issue test case argue that the same interpretation should now be applied in Employers' Liability mesothelioma claims. The case has already raised criticism in the House of Commons for the approach taken by insurers in a parliamentary debate on the pleural plaques ruling.
Ashley v. Chief Constable of Sussex, H L, 23/4/08 :
The House of Lords held that, in order for a defendant to establish self-defence in response to a claim in tort for assault and battery, they must not only show that they honestly believed that they were in imminent danger of being attacked, but also that such belief was reasonably held. It was acknowledged that the decision represented a divergence from the test for self-defence in criminal law where an honest belief is sufficient (even if not reasonably held). Lord Scott explained that this is because civil claims inevitably involve the balancing of competing rights between the parties; the considerations to be balanced differ from those in a criminal case.
Repetitive Strain Injury costing Employers £300m in lost working hours :
A recent study has discovered that two out of three employees suffer from work-related repetitive strain injury (RSI). This is thought to have cost businesses more than £300m in lost working hours. Computer firm Microsoft commissioned the research, which discovered that 68% of respondents were suffering or had suffered from back, wrist, hand or shoulder pain, all of which are key symptoms of RSI. Employers need to understand it's a preventable problem that's their responsibility, and if they haven't fulfilled obligations, they could be in trouble. Three out of four HR managers polled were unaware of the risk of RSI, and the majority did nothing when employees reported problems. Providing equipment is just not enough. Training and the ability to take breaks and control where people work are all important to stopping problems from occurring.
Sunbed Association tries to stop ban :
Tanning parlours in Scotland have tried to prevent the ban on under-18s using coin operated tanning machines currently being considered by MSPs, claiming that teenagers are not at any greater risk of skin cancer than adults. They argue that banning them from using sunbeds would simply mean they tan outside. The Sunbed Association argue that only 32 of the 730 sunbed parlours in Scotland use the coin operated machines, and that to tackle skin cancer the Government should follow existing EU guidelines and limit the emissions of sunbeds. The British Medical Association argues that sunbed users were 2.5 times more likely to develop skin cancer and that a licensing system should be implemented for suntan parlours.