Disease Blogs Archive

Those practising in the field of noise induced hearing loss (“NIHL”) will be familiar with the Coles, Lutman and Buffin Guidelines 2000 (the “CLB Guidelines”) and the later Lutman, Coles and Buffin Guidelines 2015 (the “LCB Guidelines”) published to assist medical and legal practitioners in the diagnosis and quantification of hearing loss, respectively. In February…

Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out ‘drylining’, namely putting…

This blog reviews direct liability for acoustic shock, where the Defendant is an emanation of the state. Take the following scenario: A Claimant works in a call centre and alleges tinnitus caused by spikes of excessive noise from his headset. By reason of section 69 of the Enterprise and Regulatory Reform Act 2013, the Claimant cannot…

Philip Turton, counsel for the Defendant in the case, offers an appraisal of the recent judgment of Jeremy Hyam KC, sitting as a Deputy Judge of the High Court, in White v Secretary of State for Health and Social Care [2022] EWHC 3082 (KB). The judgment can be read here. Thomas White was yet another victim of mesothelioma,…

On 10 November 2022, in the High Court, King’s Bench Division, Damian Powell, instructed by James Traynor of Plexus Law, appeared on behalf of the Defendant’s insurer at an assessment of damages hearing in an asbestosis claim. On 24 November 2022, HHJ Blair KC (sitting as a Judge of the High Court), handed down his judgment arising…

On 16 November 2022, the Industrial Injuries Advisory Council (IIAC) published its “COVID-19 and Occupational Impacts” paper. Since the start of the COVID-19 pandemic, the IIAC has been continually reviewing and assessing the rapidly accruing scientific evidence on the occupational risks of COVID-19 and an interim position paper was published in February 2021. In its…

On 25 October 2022, the High Court handed down judgment in the case of BAE Systems Marine Ltd v Alfa Laval Ltd [2022] EWHC 2686 (KB) dismissing BAE’s claim for contribution pursuant to section 1(1) of the Civil Liability (Contribution) Act 1978. Kam Jaspal, instructed by Clyde & Co, represented the Defendant. A link to the judgment…

This blog was written by Philip Godfrey of Ropewalk Chambers and Christine Allen of Weightmans. In a recent appeal in the case of Thrush v RG Buckle before HHJ Gosnell sitting in the County Court at Leeds, the issue of disclosure of occupational health records held by unpursued employers was considered by the Court. Philip Godfrey,…

On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek…

Philip Turton reviews a recent HSE prosecution arising from a failure properly to assess vibration exposure at work. In May 2022, Westbridge Furniture Designs Limited were prosecuted by Her Majesty’s Health and Safety Executive for failure to undertake sufficient risk assessments in relation to their use of vibrating tools and failure to maintain adequate controls…

On 20 May 2022 Master Davison handed down judgment in the case of Brooks v Zurich Insurance PLC and Aviva Insurance (UK) Ltd, dismissing the Defendants’ application for summary judgment against the Claimant on the ground that he had wrongly brought proceedings against the insurers pursuant to the provisions of The Third Parties (Rights Against…

Disputing the Joint Engineering Evidence: The Latest ‘Round’ in the Battle Between Claimants and Defendants in Noise-Induced Hearing Loss Claims? Donald Round v West Midlands Travel Ltd, County Court at Walsall, 7-10 March 2022. Summary Damian Powell, instructed by Ian Coppell of Weightmans LLP Liverpool, recently appeared for the Defendant in the trial of the above…