Disease Blogs Archive

Freedman J’s decision in Mather v Ministry of Defence [2021] EWHC 811 (QB) – which can be read here – is interesting for (at least) two reasons. First, it demonstrates the court’s reluctance to order a preliminary issue trial in a complex and novel claim. Secondly, it foreshadows what promises to be a significant disease trial…

On 25 March 2021 the Industrial Injuries Advisory Council (“IIAC”) published “COVID-19 and occupation: position paper 48” – found here. It will be of interest to disease and personal injury practitioners alike, and a great many other people besides. On 1 April 2021 the BBC reported that: “About one in five people have symptoms of long Covid five weeks…

On 4 March 2021, the Court of Justice of the European Union (“the CJEU”) handed down judgment in Commission v UK (Limit Values – Nitrogen Dioxide) [2021] EUECJ C-664/18. The CJEU declared that the UK had breached certain of its obligations under Directive 2008/50 on ambient air quality and cleaner air for Europe, which entered…

The law adopts a nuanced approach to causation in occupational cancer claims. Practitioners dealing with such claims must be alive to the distinctions and difficulties that may arise in this area. This post provides an overview of the application of the different tests for causation, when they apply and their practical implications on case preparation.…

Long Covid is the term used to describe the lasting effects of contracting COVID-19 and has been referred to as the “hidden health crisis of the pandemic”. There is growing support for Long Covid (also known as Long Haul Covid) to be recognised as an occupational disease and for a compensation scheme to be set up…

A global campaign has been launched to mandate the introduction of filtration and warning systems on commercial aircraft and address concerns over alleged ‘aerotoxic syndrome’. The ‘Aerotoxicity Litigation’ concerns claims by employees of airlines who allege that they have been exposed to toxic substances in aircraft cabin air and have thus sustained personal injury (including…

In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant’s ‘lost years’ claim. The judge had dismissed the claim on the basis that the Claimant’s income…

In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his earlier judgment dated 20 November 2020 which arose from the Claimants’ challenge to the onerous consequences of the Compensation Recovery…

The Industrial Injuries Advisory Council (IIAC) has announced its intention to conduct a review of selected malignant and non-malignant respiratory diseases and their relationships with occupational exposures. The IIAC is the advisory body responsible for reviewing the Industrial Injuries Disablement Benefit (IIDB) scheme, which supports employees who are disabled as a result of an accident…

Followers of our Disease Blog may have noticed a slight trend in some of our posts which have focused on the potential for future claims for damages in respect of early onset dementia and Chronic Traumatic Encephalopathy (“CTE”) for ex-sportsmen and sportswomen. In October, Alex Denton wrote about the decision of HM Senior Coroner John Gittens’…

In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin), the Claimants challenged the unintended and onerous consequences of the Compensation Recovery Unit scheme, particularly in respect of the Claimants’ liabilities for long-tail asbestos-related diseases. The High…

The coronavirus pandemic has transformed the way many of us work. This blog post primarily considers the potential implications of home working on occupational stress claims by looking closely at the key case law in this area. Some observations are also offered as to the impact of the pandemic on occupational stress claims where an…