ou are in: Home Page | About Thompsons | Publications | Law Bulletins | October 2006

Law Bulletin - October 2006

Enforcement of Periodical Payment Orders

Counsel has recently advised on enforcement of a periodical payment order against the Home Office.

Since the making of an order in January 2006, the Home Office has made payments but has made them belatedly causing distress to the claimant. It is clear that the Home Office has breached the order.

However under the Crown Proceedings Act 1947 a successful claimant may not enforce a judgment against the Crown by process of execution, though the claimant will be entitled to additional interest at the judgment rate on late payment. There is however a procedure under Section 25 of the CPA 1947 to apply to the court for a certificate and the Crown should then make payment.

CICA award and retirement date

The applicant was a fire fighter. He will be 55 in 2007. His past financial loss under scheme was very modest taking into account ill health / injury pension and state benefits. In respect of future loss the CICA submitted that, but for the incident, the applicant would have compulsorily retired from operational duties at the age of 55 and would not have worked after that.

The applicant said that he would not have retired at the age of 55, particularly taking into account the new Age Discrimination Regulations. Evidence was given as to the changing practices in the South Yorkshire Fire and Rescue Service in retaining a greater number of fire fighters beyond 55.

The CICAP, on 31 August 2006, found that the claimant would most likely have continued his employment with the Fire Service until the age of 65. He was awarded a total of £98,524.60. Had the submissions regarding future loss not been accepted he would have received less than £20,000.

On the web

HSE 5 steps to risk assessment www.hse.gov.uk/pubns/indg163.pdf: this updated guidance has been simplified to make it even easier for normal business people to use.

It now places greater emphasis on making sure that decisions are put into practice. It shows clearly what employers need to do to obey the law. It also shows the need to involve workers in the process.

Safer surfaces to walk on: reducing the risk of slipping: CIRIA good practice guide produced as part of H&S Commission programme to reduce the number of slip & trip accidents in the UK Safer surfaces to walk on – Reducing the risk of slipping [PDF 22MB]
This 254 page guide looks at all the different factors that can lead to slips happening e.g. different types of flooring material, contamination, shoe soles, cleaning regimes, human factors and environmental issues. It also introduces the Slip Potential Model, which can help predict, through risk assessments, where slips may happen. The section on the health, safety and building legislation outlines statutory obligations.