The Mesothelioma Act
The Government today announced the level of compensation payments to be made to victims of the asbestos related disease mesothelioma. After much debate in the commons an average figure of £123,000 is to be awarded as to each mesothelioma sufferer or their dependents and whose employer’s liability insurer cannot be traced. Claims against this new…
Pre-Nuptial Agreements
At present, although such agreements are increasingly being taken into account by the divorce courts the terms are not always upheld. In each case, the court will consider all of the circumstances including the existence of any pre- or post-nuptial agreement but still retains the ability to depart from the terms of any such agreement…
Widow awarded £705,000 after contracting same disease as husband
Monica Haxton’s husband died from mesothelioma in 2009 after several years working near asbestos in his job as an electrician. Two years later, Mrs Haxton started to suffer from acute breathlessness just as her husband had done. She too was diagnosed with mesothelioma. It became apparent that she had been exposed to asbestos by hand…
Scrabble fails to stop Scramble in trademark dispute
Scrabble argued that the use of the word Scramble, and the presentation of the word in the game’s logo, with the ‘M’ turned on its side so as to look like a capital letter B, would cause game players to confuse it with their own name, and therefore assume the two games were associated. They…
Landlord receives £4.75m compensation for damage caused at flats
The damage occurred after a pressurised water system was installed throughout the building. The system enabled water to be pumped to the higher floors in the block, but could also produce an effect known as “water hammer” in which high pressure surges caused burst pipes. There were two such incidents in different sections of the…
Woman ‘cannot share’ ex-husband’s fortune 20 years after separation
The couple were married in 1985 and had two children, but divorced six years later. Their combined assets were divided between them, with the wife getting the family home and a property in France, and the husband paying annual child maintenance. However, the agreement was never made into an official court order. The husband then…
Medical Negligence in Leeds and Wakefield
Settlements for medical negligence cases in Leeds and Wakefield have cost nearly £45m. Figures released under the Freedom of Information Act have shown the extent of damages awarded for clinical negligence between 2010 to 2013. The hospitals treat 1.5m patients annually and are keen to stress the point. However there have been a number of…
Carbon Monoxide Poisoning
As winter bites we should be aware of the danger posed by carbon monoxide. Unfortunately there is a common misconception that smoke alarms will protect us from carbon monoxide poisoning and this is not the case. In the UK it is estimated that carbon monoxide poisoning accounts for 4000 people attend to attend A&E 400…
Standards of Care in GP Practices
Findings highlight the poor standard of care thousands of patients are forced to endure. The report looked at over 1000 practices, around 12% of UK surgeries, and found failings at 300 of these. In the most serious cases vaccines where found out of date, patients brought their own seats for extensive waiting room times along…
Divorces may be set to rise as economy recovers
The survey, carried out by accountancy firm Grant Thornton, found that eight out of 10 lawyers felt that the recession had led to married couples delaying divorce proceedings. The reason is thought to be that many couples simply couldn’t afford to separate because they were under too much financial pressure and uncertainty. Instead they chose…
Cash For Crash
Fraudulent groups have been targeting innocent motorists in ‘Cash for Crash’ schemes. It appears one of the most common types of scenarios is when a car full of ‘scammers’ suddenly stops at roundabouts and junctions ending with a vehicle ploughing into the back of them, with the passengers all making claims for whiplash injury. These…
Firm makes employee spend 12 months on garden leave
The issue arose when the employee said he was resigning after working for the company as an investment adviser for 14 years. During that time, he had built up a list of valuable contacts. The company feared that he would take those contacts to one of its competitors and invoked a clause in his contract…
Christmas Jumper Day
‘Tis the season to be jolly’, and since it’s now less than a month until that man with the white beard and his reindeer pals come pay us a visit, the Christmas jumpers are being pulled out of the bottom drawer for all to see. The festive fun will take place on December 16 where…
Comet Ison
Of course it is nothing to do with us but Comet Ison is finally providing a celestial show. The comet is a huge ball of ice and named Ison after the International Scientific Optical Network was discovered by two Russian scientists is making news from across the night skies. The heavenly body will accelerate to…
Personal Injury News
Jonathan Wearing issues this stark warning on the back of amendments to the Legal Aid, Sentencing and Punishment of Offenders Act. “It is clear that some personal injury departments are ignoring the changes, operating at a loss and as a consequence clients are starting to suffer. Locally we have seen well established firms like Walker…
Home Circumcisions present a significant risk
The secretary of the British Association of Paediatric Urologists has expressed concern that people with limited experience are carrying out home circumcisions. Felim Murphy stated “unfortunately children have died in the last number of years in Britain and Ireland from circumcision-related complications.” Although healthcare workers have to be registered with the Care Quality Commission before…
Ex Miner wins negligence claim against his former solicitor
Andrew Procter was successful in his claim for professional negligence and a judge awarded the West Yorkshire man over £5000 damages. Raley’s solicitors in Barnsley advised thousands of miners with compensation claims for industrial diseases such as noise induced hearing loss and in the case of Mr Procter Vibration White Finger. The condition Vibration White…
Patients going blind because of delays in treatment
Research found that clinics were over stretched and unable to cope. In a poll of 172 medical staff working in eye clinics, over 80% said their department had insufficient capacity to meet demand, with 37% believing patients are sometimes losing their sight unnecessarily because of delayed treatment, and 4% believe this to be a regular…
Action For Brain Injury Week 2104
The dates for the 2014 Action For Brain Injury Week have been disclosed. Make a note for your diary for the 12-18th May. Last year the focus of this successful campaign was targeted to GP’s, we wait on the emphasis of the 2014 campaign. With an estimated 200,000 people admitted for hospital treatment each year…
Victim of sexual harassment awarded £13,000 compensation
Elizabeth Cowhig worked for Digital Maintenance Ltd in Kirkby. She claimed that during her five months’ employment there, sales manager Owen Kennard would often approach her and rub her shoulders or kiss her on the forehead. On one occasion he slapped her on the bottom and said: “Sorry, I couldn’t resist that.” She said he…
Report on NHS England Maternity Services
A recent report by the National Audit Office has uncovered a number of facts about NHS maternity services in England The most concerning fact is that 1 in every 133 babies born die within days of birth or are still born. Although this figure has reduced from previous years it is higher than other areas…
Remember Remember the 5th November
Firework injuries are often the result of horseplay or defective fireworks. The most serious types of injury involve burns and eye injuries. Many councils run public displays and these tend to be, according to figures, safe. Fire services are particularly stretched at this time of year and need the general public to be sensible in…
Government seeks international collaboration to tackle dementia
Health Secretary Jeremy Hunt says there are currently 670,000 people suffering from various forms of dementia in the UK and this figure is set to double over the next 30 years. Mr Hunt said: “Dementia is far from a uniquely British problem – it is a world-wide challenge. Similar problems and pressures are being played…
Landmark Human Rights Decision in Supreme Court
Osborn (Appellant) v The Parole Board (Respondent) [2013] UKSC61 On 09 October 2013 the Supreme Court handed down judgment in relation to the above matter in which Ison Harrison represented Mr Osborn, the Appellant. Two separate matters on similar facts were also handed down at the same time, the cases having been heard together. Mr…
Buyers to be warned of mortgage ‘worst case scenarios’
It means lenders will have to show the maximum interest rate they have charged in the last 20 years. A statement from the European Parliament says: “Anyone signing up for a mortgage in the EU should receive comparable information about the products available, and understand the total cost and long-run financial consequences of taking out…
Pub manager compensated for depression caused by dismissal
The case involved a husband and wife who were employed together to manage a large pub. They lived on the premises with their four children. They worked there for just over a year when the employer became dissatisfied with their performance and dismissed them. A tribunal later ruled that the dismissals were unfair. The husband…
Are our medical records a commodity?
Are our medical records a commodity? GPs are being encouraged by the government to share medical records with so called ‘safe havens’ such as private health care providers and insurers but who will this benefit? Perhaps the simple answer is we just don’t know, however you can be sure that there is significant commercial advantage…
Sandwich bar employee awarded £47,500 after falling at work
She suffered several injuries including whiplash to her neck, damage to her ribs and blurred vision. The woman, who was 34 at the time of the accident, went down to the basement with an empty bread tray. The stairs were made of wood with rubber strips on the edges of the steps. However, some of…
Overtime payments ‘should count towards holiday pay’
The judgment brings the UK closer to EU law in relation to the Working Time Regulations. The employee at the centre of the case, Mr Neal, was contracted to work a 35-hour week made up of five seven-hour shifts. His terms also stated that he may have to work overtime when necessary. In practice, he…
Highest number of home buyers for four years
The biggest increases in activity came in the West Midlands and the North East, which were among the areas worst affected by the market crash. However, every area of the country saw significant growth. The RICS figures are based on buyer activity in July, when it says house prices rose across the country at their…
Deregulation Bill ‘to benefit office and shop based companies’
The main beneficiaries are expected to be office and shop based companies. The Bill will lead to the amendment or repeal of 182 pieces of legislation, with the aim of reducing the time and money spent by businesses on unnecessary admin and regulations. Some of the key changes are: The scrapping of health and safety…
House prices increasing ‘at fastest rate for three years’
The Halifax survey found that prices in the three months to the end of June were 2.1% higher than in the previous quarter and 3.7% higher than in the same period last year. Halifax spokesman Martin Ellis said the increases are the highest we’ve seen for three years. He said: “Activity has also improved in…
Plans to make company directors more accountable for failings
It also wants to improve company transparency to make it easier to work out who really owns and controls companies in the UK. The proposals were put forward by Business Secretary Vince Cable in a discussion paper entitled, Transparency and Trust. The first section of the paper sets out how the Government will implement its…
Firm stops employee revealing confidential information
The court heard that the employee had been unhappy at the firm for some time before she finally handed in her notice. During her employment she had sent confidential documents to her personal email account, which she refused to return after her resignation. The court held that there was an obligation in the employee’s contract…
Father must return his abducted children to their mother.
The case involved a British couple who moved to Canada to start a new life with their two children, aged two and four. They separated within a few months of arriving and the father took the children back to the UK without the mother’s permission. The mother took legal action to have them returned to…
Man awarded £20,000.00 for loss of testicle
A 25 year old man attended A&E with severe pain in his testicle. He was given pain relief and told that since there were several possible causes an ultrasound scan would be performed early that afternoon. The scan was not carried out until the following day, when testicular torsion was diagnosed. Due to the delay…
One in six SMEs worried about the future
The figures are contained in Zurich’s SME Risk Index for Quarter 4 of last year, in which YouGov questioned decision makers at more than 500 businesses. High street retailers are among the most concerned with 21% of business owners believing they are at risk of going under. That figure rose from 12% in Quarter 3…
Landlord’s mistake over rollover tenancy proves costly
Failure to do so could result in penalties and prevent the landlord from serving notice for possession. The case involved a tenant who had taken an assured tenancy for a fixed term of one year less one day from January 8, 2007 and paid one month’s rent as a deposit. The arrangement preceded the Tenancy…
Public ‘at risk’ as will writing remains unregulated
Many legal services are strictly regulated but will writing is not. The Law Society and the Legal Services Board have long campaigned for stricter controls to protect the public but the Government has decided not to take any action. The decision means that anyone can set up in business providing will writing and probate services…
Elderly lady awarded £35,000.00 following loss of useful vision
A 76 year old lady was referred to hospital due to a deterioration in her vision, which was already restricted. There was a two month delay in making the correct diagnosis, and a further delay of nine months in beginning treatment. In the meantime the deterioration continued so she lost almost all useful vision and…
‘Idiot’ celebrity chef loses claim based on oral contract
As is often the case with oral contracts, the details of what was agreed were hotly disputed by the two sides. Mr White said he had entered into an agreement with the two businessmen to run a restaurant. He was to receive a 38% shareholding in return for the use of his name in relation…
Girl awarded £95,000 after losing sight in one eye
9 year old girl attended A&E after sustaining an injury to her eye. Following an examination her parents were told that they surface of the eye was scratched and were given ointment to apply. Three days later she returned to A&E where it was confirmed that the eye had been perforated. She had emergency surgery…
Rise in cross border disputes over children abducted by parents
Figures released in the annual report by the Office for International Family Justice for England and Wales show that there were only three such cases in 2007. The figure rose to 65 in 2008 and then to 253 in 2012. The report says the increase is partly due to the “ever-increasing number of international family…
Woman fails to share in ex-husband’s newly earned riches
Dale Vince and Kathleen Julie Wyatt separated in 1984 when they were both in their early 20s. They divorced in 1992. Mr Vince was penniless at the time but he then went on to become a millionaire after setting up a business creating energy from wind power. In 2011 – 19 years after the divorce…
Case Settled – Vision restriction
76 year old lady referred to hospital due to deterioration in her vision, which was already restricted. There was a two month delay in making the correct diagnosis, and a further delay of nine months in beginning treatment. In the meantime the deterioration continued so she lost almost all useful vision and was no longer…
Family awarded £21,500 after man dies of haemothorax following broken ribs
A 44 year old man saw his GP a few days after being discharged from hospital following treatment for broken ribs. Although he was complaining of difficulty breathing and severe pain the GP failed to listen to or examine his chest. The following day he collapsed and died in his mother’s car on the way…
Diabetic awarded £15,000 after having his big toe amputated
50 year old diabetic man developed an infection in his big toe. His GP failed to prescribe antibiotics and delayed in referring him to hospital until amputation was unavoidable. This case has recently been settled by an experienced member of our Clinical Negligence team. For similar cases, or any other types of Clinical Negligence claims,…
Company law amended to boost direct employee ownership
UK employee owned companies have a turnover of £30bn a year and employ more than 130,000 people. Ministers say these firms are more productive, profitable and more resilient to economic shocks than other businesses. The new rules mean that a company with employee ownership that issues shares directly to its employees will find it easier…
Number of FTSE 350 firms signing payment code triples
Business Minister Michael Fallon wrote to businesses in November 2012 asking them to sign up to the code which requires large firms to pay small firms promptly. Mr Fallon said that firms that failed to sign up might be named and shamed. A further 94 FTSE 350 firms have joined since Mr Fallon made his…
Treasury doubles its revenue from people who don’t make a will
The Times newspaper has published research carried out by lawyers which shows that £38.5m flowed into the Treasury coffers last year from the estates of people who died without a will or an heir. That was a rise of 91% on the year before. The reason for the sudden rise is uncertain. Researchers believe that…