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Costs: Herbert v HH Law

https://hardwicke.co.uk/important-new-court-of-appeal-guidance-on-recovery-success-fees-and-ate-post-lapso-herbert-v-hh-law-2019-ewca-civ-527/

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Protected: QUANTUM: LOSS OF EARNINGS

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Protected: QUANTUM:PARENTAL WORTH

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QUANTUM – SERIOUS PI

http://www.byromstreet.com/seminars/56/james-rowley-qc-serious-personal-injury-litigation-a-quantum-update

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STRESS AT WORK: NHS

https://www.nhs.uk/conditions/stress-anxiety-depression/understanding-stress/

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STRESS AT WORK: UNISON

https://www.unison.org.uk/get-help/knowledge/health-and-safety/stress/

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STRESS AT WORK: STRESS MANAGEMENT SOCIETY

http://www.stress.org.uk/legal-requirements/

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STRESS AT WORK: MIND

https://www.mind.org.uk/information-support/tips-for-everyday-living/workplace-mental-health/work-and-stress/

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STRESS AT WORK: ACAS

http://m.acas.org.uk/index.aspx?articleid=6062

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STRESS AT WORK: HSE

http://www.hse.gov.uk/stress/risk-assessment.htm

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Code of Practice for Tracing EL Compulsory Insurance Policies

https://www.gov.uk/government/publications/code-of-practice-for-tracing-employers-liability-compulsory-insurance-policies

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British Asbestos Newsletter

http://www.britishasbestosnewsletter.org/index.htm

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Asbestos disease 1999

Asbestos – Research Paper 99/81 05/10/99 – Donna Gore & Alex Sleator, Science and Environment Section, House of Commons Library

https://researchbriefings.files.parliament.uk/documents/RP99-81/RP99-81.pdf

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FTP Organisations: Hazards

http://www.hazards.org/index.htm

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Protected: Appeal Documents: COSHH

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Protected: P18 from Claimant to Defendant: COSHH

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Protected: POC: COSHH Regulations

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Protected: POC: claims against the NHS and Clinical and Dental Negligence

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Protected: POC: RSI , WRULD & VWF

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Protected: Woodward Blogs

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New Laws from April 2019 (minimum wage rates etc)

https://apple.news/AXgAP1INdTjeJrOv8G6cFJg

https://apple.news/AilW5-huvTnuUXa-UY6JYUA

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Brincat – Malta failed to protect ship-yard workers from exposure to asbestos

https://hudoc.echr.coe.int/eng#%7B%22fulltext%22:%5B%22asbestos%22%5D,%22documentcollectionid2%22:%5B%22GRANDCHAMBER%22,%22CHAMBER%22%5D,%22itemid%22:%5B%22001-145790%22%5D%7D

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Portobello Down – mustard gas tests – Roche

https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22002-3662%22%5D%7D

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European Court of Human Rights

https://hudoc.echr.coe.int/eng#%7B%22documentcollectionid2%22:%5B%22GRANDCHAMBER%22,%22CHAMBER%22%5D%7D

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Reporting RTA’s and traffic offences

https://beta.gmp.police.uk/ro/report/rti/report-a-road-traffic-incident/

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Great Return March 🇵🇸

On the first anniversary of The Great Return March and Land Day it’s appropriate to pay tribute to the tens of thousands of non-violent protesters who have been campaigning for what they believe is justice. I respect people who protest by marching, waving flags or even dancing when literally being under attack by tear gas or artillery fire:

So many legal and ethical issues arise out of the Palestine- Israel conflict including:

• Who should control the area where that the west refer to as Israel?

• Is Israel a legitimate state?

• To what extent should a country’s borders be able to change over time? Just because a particular plot of land initially belonged to country A does it mean that that plot should always belong to country A?

• Can an apartheid state ever be legitimate?

• Can a country who routinely murders and injures civilians, medics and journalists ever be legitimate?

• How should prisoners (including child prisoners) be treated?

• Are sanctions that cause so much hardship to civilians ever legitimate?

• What’s the role of arms manufacturers in the conflict?

• What should the UN do when it’s resolutions are ignored?

• What should other countries do to deal with the impact of “Friends of Israel”?

• Why do so many confuse criticism of Israel with being anti-semetic?

• Why is there so little coverage of the way that Palestinians are treated by mainstream media?

• What should be done to combat terrorism?

• To what extent is violent protest justifiable?

• Is BDS legitimate?

These and other issues maybe addressed in a blog on this site at a future date. In the meantime, listen to some Lowkey who was performing at The Ritz, Manchester at the Stampede Festival in July 2018:

https://share.icloud.com/photos/0Xh4BUBNtii24FwQ_mu6FQh-A#Manchester,_England

Interesting sites include:

https://jewishvoiceforpeace.org/

https://bdsmovement.net/

https://www.aljazeera.com/topics/country/palestine.html

https://www.map.org.uk/campaigns/campaigns

https://hyas.ps/

https://kuminow.com/yas/

https://www.palestinecampaign.org/

https://www.lfpme.org/supporters/page/5

Friends of Israel:

https://sputniknews.com/columnists/202004021078808440-how-friends-of-israel-destroyed-jeremy-corbyn-and-his-democratic-socialist-project/

https://www.lfi.org.uk/in-parliament/

http://www.friendsofisraelinitiative.org/

https://electronicintifada.net/blogs/ali-abunimah/fbi-investigated-americans-supporting-palestinian-rights

https://palsolidarity.org/2020/04/ism-statement-on-reported-fbi-probe/

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Protected: Limitation Risk Management (in-house training at Woodward 07/05/15) *Password Protected*

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Protected: PAD (complete pack) *password protected*

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Pre-Action Disclosure (in-house training at Woodward 21/05/15)

PAD

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Part 36 Update (in-house training at Woodward 21/10/16)

Part 36 Update

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Case Study: Wignall v Sec of St for Transport and “The Profound Lack of Wisdom in Signing Statements of Truth on behalf of your Client” (in-house training at Woodward 11/11/16)

Wignall training

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Introduction to Limitation + CPR Parts 1 & 2 (in-house training at Woodward 24/07/14)

Limitation intro

What are limitation periods under UK law and when will they come into play?

Pinsent Masons’ summary:

Out-Law.com

 

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Company Restoration

https://www.gov.uk/guidance/company-restoration-guide

https://docplayer.net/9831483-Tsol-s-guide-to-company-restoration.html

Click to access SE_Insolvent_Defendants_Sept_05.pdf

Click to access SE_Insolvent_Defendants.pdf

https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration

Peaktone v Joddrell [2012] EWCA Civ 1035

http://www.bailii.org/ew/cases/EWCA/Civ/2012/1035.html

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Causation in Tort

http://www.e-lawresources.co.uk/Causation.php

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Third Parties (Rights against Insurers) Act 2010

https://www.legislation.gov.uk/ukpga/2010/10/contents

Mrs Shirley Anne Redman (suing as widow and administratrix of the Estate of Peter Redman, deceased) v Zurich Insurance PLC and Another [2017] EWHC 1919 (QB)

http://www.bailii.org/ew/cases/EWHC/QB/2017/1919.html

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Money Laundering & Terrorism

http://www.legislation.gov.uk/uksi/2017/692/pdfs/uksi_20170692_en.pdf

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FTP – Hip Hop

https://www.bbc.co.uk/programmes/b00ss468

https://electronicintifada.net/content/ten-hip-hop-tracks-demand-freedom-palestine/13828

https://en.wikipedia.org/wiki/List_of_political_hip_hop_artists

https://www.last.fm/tag/political+hip-hop/artists

https://www.last.fm/tag/political%20hip%20hop

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Hardtalk (BBC) – McCluskey – Leader of Unite

https://www.test.bbc.co.uk/programmes/p00q86d9

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Hardtalk (BBC) -Nabeel Rajab – President of the Bahrain Centre for Human Rights

https://www.test.bbc.co.uk/programmes/p00q86x0

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Universal Declaration of Human Rights

http://www.bbc.co.uk/worldservice/people/features/ihavearightto/four_b/treaties_universal.shtml

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Law in Action (BBC Radio 4)

https://www.bbc.co.uk/programmes/b006tgy1/episodes/guide

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Introduction to Legal Fault (in-house training at Woodward 21/08/14)

Intro to legal fault

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Introduction to Causation (in-house training at Woodward 28/08/14)

Introduction to Causation

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Basic Introduction to Asbestos Claims (in-house training at Woodward 30/07/15)

Basic Introduction to Asbestos Claims 2015

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IOSH – No time to Lose – Working together to beat occupational cancer

About IOSH

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Asbestos Injury Claim – fatal meso and unrelated heart failure – causation and causation

Deborah Magill (Executor of Colin Stuart Magill, deceased) v Panel Systems (DB Limited) [2017] EWHC 1517 (QB)

http://www.bailii.org/ew/cases/EWHC/QB/2017/1517.html

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Asbestos Injury Claims – Some of the Key Judgments

Holtby v Brigham & Cowan (Hull) LTD [2000] EWCA 58 (6th April 2000)

http://www.bailii.org/ew/cases/EWCA/Civ/2000/111.html

Fairchild v Glenhaven Funeral Services Ltd t/a GH Dovener& Son (1st February 2001)

Fairchild first instance

https://www.lawgazette.co.uk/news/personal-injury-law/33052.article

Fairchild (Suing as Administratrix and Widow of Arthur Eric Fairchild, Deceased) v Glenhaven Funeral Services Ltd & Others [2001] EWCA Civ 1881 (11th December 2001)

https://www.bailii.org/ew/cases/EWCA/Civ/2001/1881.html

Fairchild (suing on her own behalf) etc v Glanhaven Funeral Services LTD and others etc (20th June 2002)

https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd020620/fchild-1.htm

https://casebrief.fandom.com/wiki/Fairchild_v_Glenhaven_Funeral_Service

https://socialistworker.co.uk/art/5448/Asbestos%20cases%20welcome%20justice

Sienkiewicz (Administratrix of the Estate of Enid Costello, deceased) v Greif (UK) Ltd [2009] EWCA 1159

https://www.bailii.org/ew/cases/EWCA/Civ/2009/1159.html

Sienkiewicz (Administratrix of the Estate of Enid Costello, deceased) v Greif (UK) Ltd [2011] UKSC 10

https://www.supremecourt.uk/cases/docs/uksc-2009-0219-judgment.pdf

Collins v Secretary of State for Business Innovation and Skills and Another [2014] EWCA Civ 717

https://www.bailii.org/ew/cases/EWCA/Civ/2014/717.html

Professor Carl Heneghan (Son and Administrator of the Estate of James Leo Heneghan. deceased) v Manchester Dry Docks Ltd & Others [2014] EWHC 4190 (QB) (11th December 2014)

https://www.bailii.org/ew/cases/EWHC/QB/2014/4190.html

Diane Sanderson (Executor of the Estate of Glyn Antony Sanderson, deceased) v City of Bradford MBC [2016] EWHC 527 (QB)

https://www.bailii.org/ew/cases/EWHC/QB/2016/527.html

Albert Victor Carder v The University of Exeter [2016] EWCA 790

https://www.bailii.org/ew/cases/EWCA/Civ/2016/790.html

https://www.slatergordon.co.uk/media-centre/blog/2016/08/landmark-ruling-changes-future-of-asbestosis-compensation-claims/

https://www.clerksroom.com/downloads/648-4418-Clerksroom-PI-Briefing-46.pdf

David Kearns v Delta Steeplejacks LTD (2017)

https://www.bailii.org/ew/cases/EWHC/QB/2017/149.html

https://asbestoslawblog.wordpress.com/2017/03/01/david-kearns-v-delta-steeplejacks-ltd-2017-ewhc-149-/

Bussey v Anglia Heating [2018] EWCA Civ 243

https://www.bailii.org/ew/cases/EWCA/Civ/2018/243.html

Click to access PT-Asbestos-Update-Briefing-Note-Bussey-v-Anglia-Heating.pdf

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Claims for Miners

British Coal HAVS Claims Handling Arrangement 1999

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/48286/7233-claims-handling-agreement-for-the-vibration-white-.pdf

http://www.coaleducation.org/glossary.htm

Noise-induced hearing loss and hearing conservation in mining – David McBride

https://watermark.silverchair.com/kqh075.pdf?token=AQECAHi208BE49Ooan9kkhW_Ercy7Dm3ZL_9Cf3qfKAc485ysgAAAkIwggI-BgkqhkiG9w0BBwagggIvMIICKwIBADCCAiQGCSqGSIb3DQEHATAeBglghkgBZQMEAS4wEQQMydlNFxp5CJ7r1oT7AgEQgIIB9dHG-V_ns4-63ISx1_NCcID0pUd_PfJGo8JwcNRDe_Ljls0tHmJa7vAgD6P2msZFM80QQR9Tq_T2io1cEV36YPYslr6mJK3uy5J1bzVlRkr4wM7KUqgTh9w05beWOGN5MxS_3Hu-AY7qT_VTqynuUhxZgFA9RW3_ldgzRduLhyoXukf0b1Rut7q_r9_ZGY7Gvue1_ppKXs2d8saaJi_A4Bg086tfg03RJtvNus23_F99ky6xH1wzIcfzrAg_aSBwWgDclqsbEpSh0WZD_VZk4D3pnWMYuaWB9JTDWzXkmZM1SA1f4NgX-lh9Qkz0Le5mxIc_9_TuCAnNJPDkYJkvGM2kcSBDRwQn0UEt0EkZBvbWL1FtvNYFqkQvr6tThge8BkhzNucGdYDzncG7t36eDhaXuxOrczV2r-u6bwPCuwkeCEO4rFjv7tq1yFn_PsO-QU5jvEmnzFbUmozRSonNf1kZppVYizjCrhyrLHitiE0TgyGOZFRXM6uxcndF8NGb0z7hvkbqSRUBbFsqmMp33DMSj6w4h8Y9YaYFCmPrH6xPLrIyNdmOR8MsAs2DRId4CiAaFTipcywGV6LU0FXdtdkZtddBiojzOzcjAW_tI1L9HeCwZI-T2oYFVXwLReUio-a6-latAGhLHAoNdDDtPEZ7JTLWLQ

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Staying proceedings and service

https://www.lawgazette.co.uk/legal-updates/staying-proceedings-and-service-of-claim-forms/5068923.article

https://www.civillitigationbrief.com/2020/05/20/covid-repeats-27-avoiding-a-serious-trap-when-and-when-not-to-serve-the-claim-form-on-a-solicitor-you-really-have-to-know-this/

https://www.civillitigationbrief.com/2020/05/19/service-of-the-claim-form-claimant-survives-by-the-skin-of-their-teeth-some-important-lessons-to-learn-here/

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Disability discrimination on buses

First Group PLC (Respondent) v Paulley (Appellant) [2017] UKSC 4

http://www.bailii.org/uk/cases/UKSC/2017/4.html

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Tomlin Orders

https://www.lawgazette.co.uk/law/Tomlin-a-guide-to-use-and-abuse/4045.article

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687834/ch31-eng.doc

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Statements of Truth – Court of Appeal Guidance (warning of prison)

Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392

See Gordon Exall’s Civil Litigation Brief blog:

Read more of this post

  • We say at once, however, that the deliberate or reckless making of a false statement in a document verified by a statement of truth will usually be so inherently serious that nothing other than an order for committal to prison will be sufficient. That is so whether the contemnor is a claimant seeking to support a spurious or exaggerated claim, a lay witness seeking to provide evidence in support of such a claim, or an expert witness putting forward an opinion without an honest belief in its truth…
  • The essential feature of this form of contempt of court is the making of a false statement without an honest belief in its truth. In principle, where a false statement is made without an honest belief in its truth, a contemnor who acts recklessly is less culpable than one who acts intentionally. The extent of that difference in culpability will, however, depend on all the circumstances of the case. Without seeking to lay down an inflexible rule, we take the view that an expert witness who recklessly makes a false statement in a report or witness statement verified by a statement of truth will usually be almost as culpable as an expert witness who does so intentionally. This is so, because the expert witness knows that the court and the parties are dependent on his or her being truthful, and has made a declaration which asserts that he or she is aware of his or her duties to the court and has complied with them…. To abuse the trust placed in an expert witness by putting forward a statement which is in fact false, not caring whether it be true or not, is usually almost as serious a contempt of court as telling a deliberate lie.
  • As we have indicated, an order for committal to prison will usually be inevitable where an expert witness commits this form of contempt of court…. As to the appropriate length of sentence, it is important to emphasise that every case will turn on its particular facts. The conduct involved in a contempt of this kind may vary across a wide range. The court must, therefore, have in mind that the two year maximum term has to cater for that range of conduct, and must seek to impose a sentence in the instant case which sits appropriately within that range. Where more than one contemnor is before the court, as in the present case, it will of course be necessary to make a judgment as to the comparative seriousness of their respective misconduct…. the Lord Chief Justice in Bashir had in mind as a starting point sentences “well in excess of 12 months” even for those who played the role of “foot soldiers” in the dishonest claims in that case.
  • The court must, finally, consider whether the term of committal can properly be suspended. In this regard, both principle and the caselaw to which we were referred lead to the conclusion that in the case of an expert witness, the appropriate term will usually have to be served immediately, and that one or more powerful factors justifying suspension will have to be shown if the term is to be suspended…
  • We should add that we accept, as was submitted on behalf of the Appellant, that the fact that the relevant false statement was made recklessly rather than intentionally will not in itself usually be a powerful factor in favour of suspending the necessary term of committal.
  • With all respect to the judge, however, we are satisfied that the order for committal in this case was wrong in two respects. First, the term of committal should have been significantly longer than 6 months, even taking into account the mitigation available to the Respondent: we do not think the Respondent could have appealed successfully against a term of 12 months, and we cannot think that a term of less than 9 months was appropriate. Secondly, the term should have been ordered to be served immediately, there being no powerful factor in favour of suspending it. We are satisfied that a suspended term of 6 months fell outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate.
  • The judge’s decision as to sentence therefore falls to be reversed. We can remake that decision. We have however come to the conclusion that we should not impose a more severe sentence. We have decided not to do so, principally because we have sought in this judgment to give some guidance which was not previously available to those sentencing for contempt of court, and we accept that it would be unfair to the Respondent to impose upon him the adverse consequences of that guidance. Accordingly, our remaking of the decision would not result in any increase in the sentence, albeit that our reasons for reaching that outcome differ from those of the judge. In those circumstances we allow the appeal, but think it sufficient to declare that the sentence below was unduly lenient.
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Allergan Breast Implants and link to cancer

https://www.theguardian.com/society/2019/mar/10/women-with-allergan-breast-implants-may-sue-over-cancer-link

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Pre-Action Costs

Issuing proceedings to recover costs: Ayton v RSM Bentley Bennison & Others [2018] EWHC 2851 (QB)

Click to access 1018.pdf

Click to access Ayton-v-RSM-Bentley-Bennison-Mark-Friston-LexisPSL.pdf

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Contrib

An excellent blog in the Civil Litigation Brief by G Exall – the lesson is that if contributory negligence is pleaded against the Claimant, see if any of the allegations can be used against the Defendant:

CIVIL PROCEDURE BACK TO BASICS 22: WHEN THE CLAIMANT ADOPTS ALLEGATIONS OF CONTRIBUTORY NEGLIGENCE: HOIST ON YOUR OWN PETARD

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Oaths & Statutory Declarations

Statutory Declarations Act 1835


http://www.legislation.gov.uk/ukpga/Will4/5-6/62/contents

Oaths Act 1978

http://www.legislation.gov.uk/ukpga/1978/19

Wording

http://trustsdiscussionforum.co.uk/t/new-oath-wording/7070

Can a Solicitor colleague administer an oath for two lay executors?

https://www.lawsociety.org.uk/support-services/help-for-solicitors/practice-advice-service/q-and-as/can-a-solicitor-colleague-administer-an-oath/

Statutory Declaration

Click to access how_to_prepare_a_statutory_declaration.pdf

What is a Statutory Declaration?

https://www.gov.uk/government/publications/statutory-declarations

Fees

In the “Practice Advice Service question if the week…” section of a recent the Law Society Gazette the following question was asked:

“I am a solicitor and have just started work in  a busy high street practice. I regularly swear oaths and take declarations.  My new firm wants me to account to them for all the oath fees received. In my previous firms, I have always been allowed to keep oath fees. Are the partners of the firm entitled to the oath fees?”

The following response was given:

“There are no rules or specific guidance on this. It is a matter for the partners of the firm to decide and for you to negotiate, if you can. There is limited information about VAT payable on such fees.

If the oath fees are retained by you personally, they are not subject to VAT unless you are registered or liable to register for VAT as a result of the aggregate of your personal taxable supplies. If you are required to account to your firm for oath fees received, then these fees should be dealt with as part of the firm’s taxable turnover.

or further information on oaths, please see the Law Society publication, Execution of Documents (3rd edition) which is available from the Law Society’s online bookshop at https://www.lawsociety.org.uk/bookshop

For further information please contact the PAS helpline on 020 7320 5675 or email practiceadvice@lawsocitty.org.uk”

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Flight delay; direct contact; & direct payment of damages: Bott & Co Solicitors Ltd v Ryanair DAC [2018] EWHC534(Ch)

Click to access bott-co-solicitors-ltd-v-ryan-air-18062018.pdf

https://www.twobirds.com/en/news/articles/2018/global/case-summary-bott-and-co-solicitors-ltd-v-ryanair-dac-2018-ewhc-534-ch

https://www.lawgazette.co.uk/commentary-and-opinion/why-well-take-our-ryanair-costs-fight-to-the-supreme-court/5070514.article

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Asbestos Disease 2019

MESSY (@MesoYorkshire) 02/03/2019, 10:40 Great question yesterday asking why Mesothelioma usually develops in only 1 lung. Had to go back to the the first National Meso audit from 2014 as laterality data doesn’t seem to feature in latest 2 audit reports.

https://t.co/bW8zMOY0YT

https://www.shponline.co.uk/workplace-illness-asbestos/treat-asbestos-related-cancer-medical-trial-opens/

Alan Mckenna (@avmckenna)

09/05/2019, 22:17

ONS published the latest Mesothelioma mortality data today for England and Wales. Slight fall in 2017 compared to 2016, falling from 2313 deaths to 2279. bit.ly/2DZmThY #mesothelioma #asbestos

bit.ly/2DZmThY

 

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Late payments

Late Payment of Commercial Debts (Interest) Act 1998:

http://www.legislation.gov.uk/ukpga/1998/20/section/5A

For late payment of insurance claims see: Part 5 of the Enterprise Act 2016:

http://www.legislation.gov.uk/ukpga/2016/12/contents/enacted

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Asbestos victims: benefits


Consider whether or not the Claimant would be eligible for payments  under:-

Pneumoconiosis (Workers’ Compensation) Act 1979 Scheme

Diffuse Mesothelioma Payment

(a) 2008 Scheme

(b) Diffuse Mesothelioma Payment Scheme (if diagnosed on or after 25/07/12)

Industrial Injuries Disablement Benefit

Constant Attendance Allowance

Reduced Earnings Allowance

Exceptionally Severe Disablement Allowance

See: https://www.gov.uk/industrial-injuries-disablement-benefit/further-information

http://www.legislation.gov.uk/uksi/2019/369/contents/made

 

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Insurer Watch

https://www.noonsite.com/General/GlobalYachtingServices/Insurance/research-your-insurance-company-to-avoid-a-refused-claim

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Expert evidence & privilege

Edwards-Tubb v JD Wetherspoon PLC [2001] EWCA Civ 136

https://www.bailii.org/ew/cases/EWCA/Civ/2011/136.html

Bowman v Thomson [2019] EWHC 269 (QB)

https://www.bc-legal.co.uk/bcdn/778-260-disclsoure-when-seeking-to-rely-on-new-expert-evidence-bowman-thomson-ewhc-269-qb

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The Supreme Court

https://www.supremecourt.uk/index.html

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Issuing Proceedings

GENERALLY ONE CANNOT ISSUE PROCEEDINGS AGAINST AN UNNAMED DEFENDANT
 
 
 
CAMERON V LIVERPOOL VICTORIA INSURANCE CO LTD [2019] UKSC 6
 
Date of Supreme Court judgment 20/02/19
 
https://www.supremecourt.uk/cases/uksc-2017-0115.html
 
 
 

 

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Professional Negligence

Perry v Raleys Solicitors [2019] UKSC 5

https://www.bailii.org/uk/cases/UKSC/2019/5.html

https://www.linkedin.com/feed/update/urn:li:activity:6501777363028758528

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Employment Law: an Injunction to Restrain an ex-employee from disclosing information; duties of confidence

Click to access linklaters-v-mellish-2019-ewhc177-qb.pdf

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Credit Card Debts

https://www.breakinglaw.co.uk/2019/02/credit-card-debts-how-long-does.html

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Cyber Insurance Policies

https://www.cityam.com/271813/flawed-cyber-insurance-policies-could-lead-years-litigation/amp

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Wrongful Detention of a Patient

What price freedom? Counting the cost when DoLS goes wrong.

@DrBridgetDolan 01/02/2019, 08:16 “New damages case this week for COP practitioners. High Court AWARDS (not just approves) damages of £4000 per month (plus aggs) for wrongful detention of an incapable patient after several breaches of the MCA by an NHS Trust. Esegbona v Kings College Hospital [2019] EWHC 77 (QB).”

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Lack of Defendant’s disclosure: MacKenzie v Alcoa

https://www.doughtystreet.co.uk/news/christopher-johnson-succeeds-high-court-industrial-disease-appeal

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Special Days

http://www.projectbritain.com/specialdays/feb.htm

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Damages: Future Losses

The Personal Injury Discount Rate

https://www.gov.uk/government/publications/setting-the-personal-injury-discount-rate

Click to access Actuarial_tables_for_use_in_personal_injury_and_fatal_accident_cases_7th_edition_Supplementary_Tables.pdf

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Particulars of Claim

Recommended reading: Pleadings Without Tears – A guide to legal drafting under the Civil Procedure Rules by William M Rose, Blackstone Press Limited (5th edition, 1990)

 

Pleading in the alternative: Binks v Securicor Omega Express Ltd [2003] EWCA Civ 993

https://www.bailii.org/ew/cases/EWCA/Civ/2003/993.html

Binks v Securicor Omega Express Ltd: CA 16 Jul 2003

Importance of pleading facts clearly:

LIMITS ON THE DUTY OF COUNSEL TO ADVISE ON COSTS AND FUNDING: ALSO PARTICULARS OF CLAIM – IF YOU CAN’T PLEAD A CASE PROPERLY ITS PROBABLY INDICATIVE OF A POOR CASE

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Insurance Disputes

 

Definitions

https://www.lloyds.com/help-and-glossary/glossary-and-acronyms

 

Avoidance

Involnert v Aprilgrance [2015] EWHC 2225 (Comm)

https://www.bailii.org/ew/cases/EWHC/Comm/2015/2834.html

 

Construction, Design and Management (CDM) Regulation Changes 2015 – ABI’s guidance

CDM

The Insurance Act 2015

http://www.legislation.gov.uk/ukpga/2015/4/contents/enacted

The Insurance Act 2015

https://www.lmalloyds.com/act2015

https://www.out-law.com/en/topics/insurance/insurance-regulation/the-insurance-act-2015-practical-changes-for-insurers-to-consider/

Click to access Willis%20Technical%20Insight%20-%20Insurance%20Act%202015.pdf

Consumer Insurance (Disclosure and Representations) Act

http://www.legislation.gov.uk/ukpga/2012/6/section/2/enacted

http://gii.gi/wp-content/uploads/2015/03/ConsumerInsuranceAct.JudithCrawfordABI.pptx

https://www.abi.org.uk/globalassets/sitecore/files/documents/publications/public/migrated/consumer-insurance-act/consumer-insurance-act-recommendations.pdf

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Fatal claims

Deborah Blake (Executrix of the Estate of Paul Nigel Blake, Deceased) v Mad Max Limited [2018] EWHC 2134 (QB)

https://www.bailii.org/ew/cases/EWHC/QB/2018/2134.html

https://zenithpi.wordpress.com/2019/01/10/fatal-accident-damages-considered-blake-v-mad-max-limited/

The jurisprudential basis for Regan v Williamson damages

 

Bereavement damages

08/05/2019, 14:36

Breaking news: The Government has published an order to allow bereavement damages to be awarded to people who have cohabited with the deceased for at least 2 years prior to their death. A long overdue step in the right direction bit.ly/2JaAUgL #Fairness4families

FATAL ACCIDENTS: PROPOSED AMENDMENTS TO BEREAVEMENT PAYMENTS : ADVANCE NOTICE FOR LECTURES LATER IN THE YEAR (AND A NEW EDITION OF A BOOK…)

 

https://twitter.com/civillittweet/status/1269963956396986370?s=12

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UBER

https://www.bailii.org/ew/cases/EWCA/Civ/2018/2748.html

 https://www.dailymail.co.uk/news/article-6512549/Court-rules-Uber-drivers-employment

https://www.lawgazette.co.uk/law/coa-criticises-ubers-complex-and-artificial-employment-contracts-/5068729.article

http://www.hrclaw.co.uk/publications/uber-drivers-are-workers-rules-court-of-appeal/

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Asbestos Disease: Cosmetics

Asbestos Victims Support Groups Forum UK press release 21/05/18: Asbestos in childrens products sold in UK:

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aae0a1780-19ea-407c-b46d-c8a6decab37e

Hidden for decades: Johnson & Johnson may have known about carcinogens in baby powder since 1971:

https://www.rt.com/usa/446510-johnson-baby-powder-asbestos/

https:www.reut.rs/2EvQNMt

https://www.jnj.com/our-company/johnson-johnson-issues-statement-on-reuters-talc-article

 

Sri Lanka bans imports of Johnson baby powder due to concerns that it may contain asbestos:-

https://www.rt.com/business/450215-jj-baby-powder-asbestos/

https://www.dailymail.co.uk/health/article-6735235/Feds-step-investigate-cancer-risks-Baby-Powder.html

https://www.thedailybeast.com/how-the-cosmetics-industry-got-to-regulate-itself-and-downplayed-cancer-risks

https://www.bloomberg.com/news/articles/2019-04-18/j-j-aims-to-use-supplier-bankruptcy-to-fight-2-400-talc-lawsuits

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Clinical negligence 2018

 
Asante v Guy’s and St Thomas’ NHS Foundation Trust [2018] EWHC 2570 (QB) (05 October 2018) http://bit.ly/2C7eJUo. 9:10 AM – 10 Oct 2018. 2 Likes; rob …
 
https://nigelpooleqc.blogspot.com/2018/11/the-mother-of-unborn-child-is-primary.html
 
YAH v Medway NHS Foundation Trust [2018] EWHC 2964 (QB)

Brayshaw v The Partners of Apsley Surgery & Anor [208] EWHC 3286 (QB) (30 November 2018)

https://www.bailii.org/ew/cases/EWHC/QB/2018/3286.html

Surrogacy costs as an item of special damages

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832

https://www.bailii.org/ew/cases/EWCA/Civ/2018/2832.html

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ECHR

Liberty (@libertyhq)22/11/2018, 14:50The new draft of the  political declaration https://twitter.com/search?q=%23PoliticalDeclaration&src=hash contains a severely weakened commitment to the European Convention on Human Rights. The ECHR is a crucial tool for defending our human rights. The Government must ensure we can protect our rights and freedoms after #Brexit      https://twitter.com/libertyhq/status/1065618555566211078/photo/1  

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Asbestos Disease 2018

Asbestos Campaign (@TheJUAC)22/11/2018, 22:43BBC News – #Jersey to introduce mesothelioma compensation scheme https://www.bbc.co.uk/news/world-europe-jersey-46282665. We commend the work of our #asbestosinschools colleague June Summers Shaw 👏

MOD: Sea king helicopters

https://www.gov.uk/government/news/sea-king-helicopters-asbestos

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Brexit

https://www.thompsonstradeunion.law/news/briefings-and-responses/no-deal-would-be-the-worst-possible-outcome-for-workers-rights

 

A twitter post “Brexit timeline” by theNabster (@meNabster):

 

https://ukconstitutionallaw.org/2019/03/14/sam-fowles-extending-article-50-key-legal-issues/

 

Canary Wharf v EMA [2019] EWHC 335 (Ch)

EMA cannot get out of lease because of Brexit:

Canary Wharf -v- EMA

 

http://www.legislation.gov.uk/ukpga/2019/16/contents

 

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Costs

SCCO costs guidance:

Senior Courts Costs Office Guide 2018 is published

Slade (t/a Richard Slade and Company) v Boodia & Anor [Court of Appeal] 

re:  status of interim statute invoices. The judge ruled that the fact various bills rendered by the London firm included only profit costs or disbursements, but not both, did not prevent them from being interim statute bills. Newey LJ said it would be impractical to rule otherwise and would have ‘unsatisfactory implications’. A solicitor would not be able to raise a statute bill until they had been invoiced for all disbursements incurred during the relevant period, leaving the solicitor dependent on the cooperation of third parties. “Full Story -> https://www.lawgazette.co.uk/law/solicitors-win-on-appeal-over-status-of-costs-bills/5068475.article#.W_8DoE1Yq9Y.linkedin

Yirenki -v- Ministry of Defence [2018] EWHC 3102 (QB)

COST BUDGETING: THE PARTIES MUST KNOW WHERE THEY STAND: LEAVING HOURLY RATES “OPEN” IS INAPPROPRIATE

BACK TO BASICS 17: WHEN SHOULD A COST BUDGET BE FILED: WHERE THINGS GO WRONG

BACK TO BASICS 17: WHEN SHOULD A COST BUDGET BE FILED: WHERE THINGS GO WRONG by G Exall

This may appear very basic. However I have seen both sides falling foul of this very recently. In particular the fact that the budget has to be filed with the directions questionnaire when the claim is limited to £50,000. THE RULES The rules are simple. Filing and exchanging budgets and budget discussion reports 3.13 (1) […]Read more of this post 

BACK TO BASICS 17: WHEN SHOULD A COST BUDGET BE FILED: WHERE THINGS GO WRONG

 

BACK TO BASICS 19: COSTS BUDGETING WHEN CASE IS MORE THAN £25,000 BUT LESS THAN £50,000 by G Exall

There are special rules governing budgets in cases where the claimant claims more than £25,000 but less than £50,000. Firstly the budget has to be filed much earlier. Secondly the budget “must” only be the first page of Precedent H. These are rules that are easy to overlook. In particular it is very easy to […]

BACK TO BASICS 19: COSTS BUDGETING WHEN CASE IS MORE THAN £25,000 BUT LESS THAN £50,000

https://www.associationofcostslawyers.co.uk/%2fNews/court-will-require-bill-of-costs-before-allowing-payment-of-out-protected-partys-damages

COSTS WHERE A PARTY SUES A NUMBER OF DEFENDANTS: DEFENDANTS ORDERED TO PAY SUCCESSFUL DEFENDANT’S COSTS: HIGH COURT APPEAL by G Exall

I am grateful to Thomas Riis-Bristow, Associate Solicitor at Irwin Mitchell, for sending me a copy of the judgment of Mr Justice Lavender in McDermott -v- Inhealth Limited (19/07/2018), This deals with the issue of the appropriate costs order when a claimant is successful against some, but not all, defendants. THE CASE The claimant […] Read more of this post

  http://www.civillitigationbrief.com/2018/12/11/costs-where-a-party-sues-a-number-of-defendants-defendants-ordered-to-pay-successful-defendants-costs-high-court-appeal/  

A STRATEGY WHEN SETTLEMENT IS REACHED WITH SOME, BUT NOT ALL, DEFENDANTS by G Exall

An earlier post dealt with the judgment in McDermott -v- Inhealth Limited (19/07/2018) in relation to costs liability when a claimant settled against some, but not all, defendants in a clinical negligence case. That judgment was sent to me by Thomas Riis-Bristow, Associate Solicitor at Irwin Mitchell. Thomas was also kind enough to send me his “anecdotal tips” […] Read more of this post

A STRATEGY WHEN SETTLEMENT IS REACHED WITH SOME, BUT NOT ALL, DEFENDANTS

ARAG joins SCIL calls for fixed recoverable costs rethink

 

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Myotonic Dystrophy

“Myotonic dystrophy is part of a group of inherited disorders called muscular dystrophies. It is the most common form of muscular dystrophy that begins in adulthood. Myotonic dystrophy is characterized by progressive muscle wasting and weakness.

People with this disorder often have prolonged muscle contractions (myotonia) and are not able to relax certain muscles after use. For example, a person may have difficulty releasing their grip on a doorknob or handle. Also, affected people may have slurred speech or temporary locking of their jaw. Other signs and symptoms of myotonic dystrophy include clouding of the lens of the eye (cataracts) and abnormalities of the electrical signals that control the heartbeat (cardiac conduction defects).

In affected men, hormonal changes may lead to early balding and an inability to father a child (infertility).

The features of this disorder often develop during a person’s twenties or thirties, although they can occur at any age. The severity of the condition varies widely among affected people, even among members of the same family.

There are two major types of myotonic dystrophy: type 1 and type 2. Their signs and symptoms overlap, although type 2 tends to be milder than type 1. The muscle weakness associated with type 1 particularly affects the lower legs, hands, neck, and face. Muscle weakness in type 2 primarily involves the muscles of the neck, shoulders, elbows, and hips. The two types of myotonic dystrophy are caused by mutations in different genes. A variation of type 1 myotonic dystrophy, called congenital myotonic dystrophy, is apparent at birth. Characteristic features include weak muscle tone (hypotonia), an inward- and upward-turning foot (clubfoot), breathing problems, delayed development, and intellectual disability. Some of these health problems can be life-threatening.”

https://ghr.nlm.nih.gov/condition/myotonic-dystrophy

Myotonic Dystrophy Support Group

https://www.myotonicdystrophysupportgroup.org

Muscular Dystrophy UK

“Myotonic dystrophy About 9,500 people in the UK have a form of myotonic dystrophy. It is a group of inherited conditions that show muscle weakness and myotonia. We at Muscular Dystrophy UK want you to know you’re not alone. If you’d like to meet other families living with myotonic dystrophy, just to talk, share experience or get some advice, we can put you in touch. Our helpline team is also here for you to offer support and advice. Read more:” https://www.musculardystrophyuk.org/about-muscle-wasting-conditions/myotonic-dystrophy/

DM1Research (@DM1research) 08/03/2019, 03:12 Doing the math, this study indicates there are over 100,000 people with myotonic dystrophy type 1 in the U.S. Over 300,000 in the U.S. and EU combined. Yet there is only one drug in the clinic for DM1.

Disease burden of myotonic dystrophy type 1 Published: 24 February 2019

Disease burden in myotonic dystrophy type 1 (DM1) covers multiple domains and correlates with CTG repeat length, the DM1 genetic defect. Read our new paper by @drnicolenko and Erik Landfeldt, which used INQoL to assess burden on affected adults.

Nikoletta Nikolenko and Erik Landfeldt have published a new study on the impact of myotonic dystrophy type 1 (DM1) in the Journal of Neurology. They use a questionnaire-based method, the Individualized Neuromuscular Quality of Life Questionnaire (INQoL), to assess the burden of this condition on affected adults. The study provides further evidence of the wide range of domains affected in this multisystem disease. They are also able to show that INQoL scores correlate with the severity of the underlying genetic defect, linking CTG expansion with burden of illness.

The study provides important baseline data for healthcare and for clinical research in myotonic dystrophy. The full publication is available to read at the journal’s website here (open access) Disease burden of myotonic dystrophy type 1 Landfeldt, E., Nikolenko, N., Jimenez-Moreno, C. Cumming, S., Monckton, D.G., Gorman, G., Turner, C.,Lochmüller, H. J Neurol (2019). https://doi.org/10.1007/s00415-019-09228-w

Abstract Objective The objective of this cross-sectional, observational study was to investigate the disease burden of myotonic dystrophy type 1 (DM1), a disabling muscle disorder.

Methods Adults with DM1 were recruited as part of the PhenoDM1 study from Newcastle University (Newcastle upon Tyne, UK). Disease burden data were recorded through the Individualized Neuromuscular Quality of Life (INQoL) questionnaire. Results were examined by sex and clinical variables [e.g. the six-minute walk test (6MWT), the Mini Mental State Examination, and estimated progenitor and modal allele CTG repeat length].

Results Our sample consisted of 60 patients with DM1 (mean age: 45 years; 45% female). Muscle weakness and fatigue constituted the two most common disease manifestations, reported by 93% and 90% of patients, respectively, followed by muscle locking (73%). Most patients (> 55%) reported feeling anxious/worried, depressed, frustrated, and/or having low confidence/self-esteem, 23% and 33% indicated substantial impairment of daily and leisure activities, respectively, and 47% did not work as a consequence of the disease. Estimated progenitor CTG length corrected by age correlated surprisingly well with INQoL scores. Differences by sex were generally minor.

Conclusion We show that DM1 is associated with a substantial disease burden resulting in impairment across many different domains of patients’ lives, emphasizing the need for a holistic approach to medical management. Our results also show that the INQoL records relevant information about patients with DM1, but that further investigation of the psychometric properties of the scale is needed for meaningful interpretation of instrument scores.

DM1 Guidelines

http://www.linkedin.com/feed/update/urn:li:activity:6466026297570193408

DM1Research‏ @DM1research · Jan 28 2019  MDF’s consensus care recommendations published a few months ago, now the Spaniards publish their guidelines: Clinical guide for the diagnosis and follow-up of myotonic dystrophy type 1, MD1 or Steinert’s disease https://www.ncbi.nlm.nih.gov/pubmed/30685181

Exercise in DM1 patients

Chronic exercise mitigates disease mechanisms and improves muscle function in myotonic dystrophy type 1 mice Alexander Manta , Derek W. Stouth , Donald Xhuti , Leon Chi , Irena A. Rebalka , Jayne M. Kalmar , Thomas J. Hawke , Vladimir Ljubicic First published: 10 January 2019| https://doi.org/10.1113/JP277123| Cited by: 1 Edited by: Scott Powers & Troy Hornberger

Abstract Key points Myotonic dystrophy type 1 (DM1), the second most common muscular dystrophy and most prevalent adult form of muscular dystrophy, is characterized by muscle weakness, wasting and myotonia. A microsatellite repeat expansion mutation results in RNA toxicity and dysregulation of mRNA processing, which are the primary downstream causes of the disorder. Recent studies with DM1 participants demonstrate that exercise is safe, enjoyable and elicits benefits in muscle strength and function; however, the molecular mechanisms of exercise adaptation in DM1 are undefined. Our results demonstrate that 7 weeks of volitional running wheel exercise in a pre‐clinical DM1 mouse model resulted in significantly improved motor performance, muscle strength and endurance, as well as reduced myotonia. At the cellular level, chronic physical activity attenuated RNA toxicity, liberated Muscleblind‐like 1 protein from myonuclear foci and improved mRNA alternative splicing.

Abstract Myotonic dystrophy type 1 (DM1) is a trinucleotide repeat expansion neuromuscular disorder that is most prominently characterized by skeletal muscle weakness, wasting and myotonia. Chronic physical activity is safe and satisfying, and can elicit functional benefits such as improved strength and endurance in DM1 patients, but the underlying cellular basis of exercise adaptation is undefined. Our purpose was to examine the mechanisms of exercise biology in DM1. Healthy, sedentary wild‐type (SED‐WT) mice, as well as sedentary human skeletal actin‐long repeat animals, a murine model of DM1 myopathy (SED‐DM1), and DM1 mice with volitional access to a running wheel for 7 weeks (EX‐DM1), were utilized. Chronic exercise augmented strength and endurance in vivo and in situ in DM1 mice. These alterations coincided with normalized measures of myopathy, as well as increased mitochondrial content. Electromyography revealed a 70–85% decrease in the duration of myotonic discharges in muscles from EX‐DM1 compared to SED‐DM1 animals. The exercise‐induced enhancements in muscle function corresponded at the molecular level with mitigated spliceopathy, specifically the processing of bridging integrator 1 and muscle‐specific chloride channel (CLC‐1) transcripts. CLC‐1 protein content and sarcolemmal expression were lower in SED‐DM1 versus SED‐WT animals, but they were similar between SED‐WT and EX‐DM1 groups. Chronic exercise also attenuated RNA toxicity, as indicated by reduced (CUG)n foci‐positive myonuclei and sequestered Muscleblind‐like 1 (MBNL1). Our data indicate that chronic exercise‐induced physiological improvements in DM1 occur in concert with mitigated primary downstream disease mechanisms, including RNA toxicity, MBNL1 loss‐of‐function, and alternative mRNA splicing.

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Protected: NIHL Claims: A Skeleton Argument

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NIHL claims: Chronology of Potentially Relevant Cases, Regulations & Publications etc

1961

Factories Act 1961 s29

Factories Act 1961 – legislation

1963

Noise and  the Worker

Noise and the Worker 1963

1968

Noise and the Worker (updated)

Stokes v Guest [1968] 1WLR 1776

Stokes v Guest

Stokes v Guest Keen and Nettlefold (Nuts and Bolts) Ltd: QBD 1968

Click to access PW-Asbestos-Bussey-article.pdf

  • Ratio of Stanwick J applied in Baker v Quantum (below)

1971

Noise and the Worker (updated)

1972

Code of Practice

Code of Practice 1972

1976

Hatra Research Report: Noise in the Knitting Industry – a factual survey

Hatra

1980

Limitation Act 1980

  • Section 11(4)
  • Section 14(1)
  • Section 14(2)
  • Section 14(3)
  • Section 33

http://www.legislation.gov.uk/ukpga/1980/58/contents

WIRA report – partial copy:

WIRA

1984

ISO7029:1984

Thompson v Smiths Shiprepairers Ltd [1984] QB 405

Thompson v Smiths Shiprepairers (North Shields) Ltd: QBD 1984

http://www.stewartdunn.com/assessment/1984_QB_405_thompson.pdf

  • Mustill J placed limits on the ratio of Stanwick J in Stokes v Guest [1968]

1989

Noise at Work Regulations 1989

http://www.legislation.gov.uk/uksi/1989/1790/contents/made

  • Came into force on 01/01/1990

1992

Assessment of Hearing Disability: Guidelines for medicolegal practice by PF King, RRA Coles, ME Lutman and DW Robinson

Black Book

1993

Larner v British Steel [1993] 4 All ER 102

https://www.solicitorsjournal.com/public/administrative-and-constitutional/accidents-work-2

Nash & Others v Eli Lilly & Co & Others [1993] WLR 782

Nash v Eli Lilly and Co: CA 1993

2000

CLB Guidelines

https://www.bc-legal.co.uk/documents/CLB%20Guidelines%202000.pdf

https://www.bc-legal.co.uk/documents/CLB%20Guidelines%202000.pdf

Holtby v Brigham & Cowan (Hull) Ltd [2000] ICR 1086

https://www.bailii.org/ew/cases/EWCA/Civ/2000/111.html

ISO7029:2000 2nd edition Acoustics – Statistical distribution of hearing thresholds as a function of age

ISO7029 2000

David Anthony Wright v Canadian Pacific (UK) Ltd (2000)

David Anthony Wright v Canadian Pacific

2004

Bracknell Forest Borough Council v Adams [2004] UKHL 29

https://www.bailii.org/uk/cases/UKHL/2004/29.html

2005

The Control of Noise at Work Regulations 2005

http://www.legislation.gov.uk/uksi/2005/1643/contents/made

  • Came into force on 06/04/06 replacing the 1989 Regulations

2007

Parkes v Meridian & Others [2007] Unreported (Nottinghamshire textile litigation (27/04/07 HHJ Inglis)

https://www.bailii.org/ew/cases/EWHC/QB/2007/b1.html

2008

Furniss v Firth Brown Tools Limited [2008] EWCA Civ 182

https://www.bailii.org/ew/cases/EWCA/Civ/2008/182.html

Cain v Francis [2008] EWCA Civ 1451

http://www.bailii.org/ew/cases/EWCA/Civ/2008/1451.html

Teague v Mersey Docks [2008] EWCA Civ 1601

https://www.bailii.org/ew/cases/EWCA/Civ/2008/1601.html

A v Hoare & Others [2008] 1 AC 844

https://www.bailii.org/uk/cases/UKHL/2008/6.html

John Field v British Coal Corporation (Department for Business Enterprise and Regulatory Reform) [2008] EWCA Civ 912

http://www.bailii.org/ew/cases/EWCA/Civ/2008/912.html

2010

Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683

http://www.bailii.org/ew/cases/EWCA/Civ/2010/683.html

2011

Baker v Quantum Clothing Group Limited & Others [2011] UKSC 17; [13/04/11, Supreme Court]

https://www.supremecourt.uk/cases/docs/uksc-2009-0107-judgment.pdf

2012

Johnson v MOD, Hoburn Eaton Limited [2012] EWCA Civ 1505

https://www.bailii.org/ew/cases/EWCA/Civ/2012/1505.html

AB and Others v Ministry of Defence [2012] UKSC 9

http://www.bailii.org/uk/cases/UKSC/2012/9.html

Davies & Others v The Secretary of State for Energy and Climate Change (As Successor in Title to the Liabilities of the British Coal Corporation) [2012] EWCA Civ 1380

Davies v Sec of St

Hughes v Rhondda Cynon Taf County Borough Council

https://www.deanscourt.co.uk/our-barristers/doug-cooper

John Cran v Perkins Engines Company Limited

Cran

2014

Platt v BRB (Residuary) Limited [2014] EWCA Civ 1401

http://www.bailii.org/ew/cases/EWCA/Civ/2014/1401.html

2015

Holloway v Tyne Thames Technology Limited (2015)

https://www.clydeco.com/blog/insurance-hub/article/employers-liability-marian-holloway-v-tyne-thames-technology-ltd-newcastle

Hinchcliffe v Six Continents Limited and Cadbury UK Ltd (2015)

Click to access Hinchcliffe.pdf

Briggs v RHM Frozen Food Limited (2015)

Click to access Briggs-v-RHM-published.pdf

2016

04/02/16 Inaugural NIHL Symposium: Medico-legal Advancements in Noise Induced Hearing Loss Cases – included Professor Lutman introducing “the LCB Guidelines”

2016 Inaugural NIHL Symposium

LCB Guidelines

LCB

Click to access The%20LCB%20Guidelines%20-%20A%20BC%20Legal%20Guide.pdf

Wignall v The Secretary of State for Transport (in substitution for BRB (Residuary) Ltd) (2016)

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/Misc/2016/B17.html&query=(title:(+wignal+))

2017

ISO7029:2017 3rd edition Acoustics – Statistical distribution of hearing thresholds related to age and gender

ISO7029 2017

Stephen Lovatt v Secretary of State for Energy and Climate Change & Another (2017)

Lovatt Order and judgment

David Evans v Secretary of State for the Department of Energy and Climate Change & JJ Maintenance Ltd (2017)

David Evans

 

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Legal Update Links

@PiKS Hub

Civil Litigation Brief – Gordon Exall: http://www.civillitigationbrief.com/

Fatal Accident Law  – Gordon Exall

Accidents at Work and Loss of Earnings Claims – Gordon Exall

 

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Asbestos Disease Case Law 2018

Date

Case Name and link

Court

Brief Summary of the Decision / Comments /Misc

Who Won?

22/02/18

Bussey v Anglia Heating Limited

For the full judgment, please click here

https://www.crownofficechambers.com/2018/02/23/bussey-v-anglia-heating-limited-important-court-of-appeal-decision-on-asbestos-claims/

Court of Appeal Low level exposure; TDN13 isn’t determinative of liability; Williams remains good law (ie C needs to establish a reasonably foreseeable risk of injury)

 

 

 

C – case remitted back to Trial Judge
08/02/2018

Hawkes v Warmex Ltd

 

https://asbestoslawblog.wordpress.com/2018/02/20/hawkes-v-warmex-ltd-2018-ewhc-205/

 

For the full judgment, please click

Hawkes v Warmex Ltd [2018] EWHC 205 (QB) (08 February 2018)

 

 

High Court QBD Low level exposure; would have been in breach of the common law duty of care and s.47 of the Factories Act in the 1940s.

Deputy High Court Judge Peter Marquand held that  the Deceased had not been exposed to asbestos while making electric blankets at a factory in the late 1940s.

 

 

D – case failed on facts
19/06/18

Cape Intermediate Holdings Ltd v Mr Graham Drting (for and on behalf of the Asbestos Victims Support Group)

http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2018/1795.html&query=(Dring

Court of Appeal Disclosure

 

 

 

Heynike v Birlec & MOD

https://www.linkedin.com/feed/update/urn:li:activity:6376345261895086081

High Court QBD  

Duty to avoid substantial dust under s63 survives the 1969 Regs

 

 

08/08/18 Blake v Mad Max Ltd (Rev 1) [2018] EWHC 2134 (QB)

https://www.bailii.org/ew/cases/EWHC/QB/2018/2134.html

High Court Quantum in fatal meso case

 

 

 

 

 

 

 

 

 

 

 

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Civil Procedure Rules

http://www.justice.gov.uk/courts/procedure-rules/civil/rules

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Court Addresses and Fees

Court and Tribunal Finder

https://courttribunalfinder.service.gov.uk/

Court Fees

Court Fee Remission

https://www.gov.uk/get-help-with-court-fees

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SRA

SRA Code of Conduct

https://www.sra.org.uk/solicitors/handbook/code/content.page

SRA Warning Notices

Insights (e-mail updates)

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Disability Living by Emma Lyons

Disability Living

Thousands of people in the UK suffer with a disability. The common misconception is that a disabled person is in a wheelchair. So if somebody asks me ‘What is a disability?’ My answer is ‘a condition that makes everyday activities difficult that able bodied people do without a thought.’ Such as walking, talking, eating, washing, dressing yourself etc.

Even though public places are trying to be more disabled friendly, are they doing enough? Some non-disabled people complain about there being too many disabled spaces in car parks. Some might say that there are more than enough facilities to accommodate a disabled person’s needs. From the point of view of a disabled person such as me, more could be done.

I suffer from a medical condition called Myotonic Dystrophy. Never heard of it? It’s a hereditary condition that gets progressively worse the older I get. Some people aren’t even aware they have it. Myotonic Dystrophy is a form of Muscular Dystrophy, a disease that affects all the muscles in the body including the heart. I thought that my muscle spasms were normal. When I couldn’t release my grip or my tongue went stiff whilst reading aloud in class, making my speech unintelligible I thought it happened to everyone. When walking to school one morning my ankle gave way causing me to fall. I used to fall a lot as a child, once when I was ill, the doctor noticed all the cuts and bruises on my legs. He thought I was being physically abused by my parents. I have frequent falls, some of which have been potentially serious. Once in Manchester city centre I fell over backwards and banged my head on the pavement. Two women I’d never met helped me up and took me to a nearby cafe.

Throughout my 39 year life I’ve had these problems. I now walk with a stick. Before that I was walking home from college one evening and I decided instead of the tram to take a taxi home. As I got in the driver said ‘you’ve had a good drink love.’ I was completely sober having had no alcohol that day. Another time I was walking out of a disabled toilet and an old man said ‘you’re not disabled.’

I am very lucky in some ways I have very caring and helpful family and friends. I also have a carer who is also my boyfriend. He accompanies me to medical appointments and takes me out in the car. He works full-time as a Fee Earner at Woodward Solicitors, then comes home and looks after me. He takes care of most household chores leaving me to do the less demanding jobs. Without him I wouldn’t have been able to do a degree at university or visit lots of great places. Carer is definitely the right word for him, he cares not just for me but for people in general. He wants to do everything to the highest standard and is a bit of a perfectionist.

So next time you see a person staggering down the street or somebody seemingly able bodied walk out of a disabled toilet, don’t judge. Spare a thought, that person might be disabled.

AUTHOR PROFILE:

Emma Jane Lyons BA (Hons)

Emma graduated from Manchester Metropolitan University in 2013 having completed her creative writing degree after 6 years of part-time study. She was diagnosed as suffering from myotonic dystrophy in 2003 whilst working at Withington Hospital.

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Notable Bloggers & Blogs

Civil Procedure:

Gordon  Exall

Clinical Negligence:

Disability:

Simply Emma | One of the UKs Leading Disability Travel Resources

General:

Inner Temple Library: http://www.innertemplelibrary.com/

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FTP Organisations: Clinical Negligence

https://www.avma.org.uk/

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Health & Safety Executive

http://www.hse.gov.uk

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FTP: Political Parties

The Green Party

https://campaigns.greenparty.org.uk/

The Labour Party

https://labour.org.uk/

Socialist Party

 

2020 Labour Party report into anti-semitism

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FTP Organisations: Green

Greenpeace

https://www.greenpeace.org.uk/

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FTP Organisations: Personal Injury

https://www.apil.org.uk/