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Law Bulletin - February 2005

Included in This Issue

Liability

Stress: Court of Appeal reviews six cases and upholds a Thompsons’
“first breakdown“ win for part-time worker
Asbestos – secondary victims: Court of Appeal overturns judgement for
wife exposed to contaminated laundry at home
Vibration cases – success against British Steel (Corus)
Vicarious liability – nightclub liable for actions of contracted security team
Carer’s accident at private home – negligence found against council employer
Tunnelling: stop block necessary for safety of truck was tripping hazard.
Manual handling – general risk assessments not enough for defence
Hands placed in moving parts part of work culture – win without
contributory negligence
RTA’s and fraud:
i allegation no accident at all dismissed
ii lay witness  preferred to expert in low impact crash
Highways Act breach where cyclist falls due to pothole
Council waste disposal – unsafe system of work where shovels and
skips used instead of tipping truck
Rugby injury – Judge weighs up evidence from competing sides

Practice and Procedure

Limitation Discretion refused
Court of Appeal allows defendants to reduce Payment into Court
Other side should have same documents as Judge

Damages

Always remember that death will reduce damages

Health & Safety

Waste industry accidents
Slipping accidents
Private members’ Bill for health and safety duty for company directors