Personal injury advice from
Thompsons Solicitors
Thompsons Solicitors for The Legal Line - Case History
4. Personal Injury - Campaigns and Test Cases Continued
British Coal Litigation
a. Vibration White Finger
Armstrong and Others v British Coal (1998): It was recognised as a result of a series of meetings in 1988, that there was a clear problem among coal miners with Vibration White Finger (VWF), or Hand Arm Vibration Syndrome (HAVS) as it is also known.
Test cases were brought against British Coal in January 1996 and a judgment was ruled on two preliminary issues. The date from which British Coal should have recognised the risks of working with tools causing excessive vibration (1 January 1973), and that warnings and examinations should have been introduced from 1 January 1975, with job rotation introduced from 1 January 1976.
This was appealed by British Coal but the appeal was dismissed. The test cases then resumed and in 1997 the judge found BCC liable and negligent. Four of the claimants involved were Thompsons’s clients, of which three were successful.
b. Respiratory Disease Litigation
Griffiths and Others v British Coal (1998): A series of eight test cases was brought against British Coal in respect of workers exposed to coal dust whilst underground. Thompsons was involved with the generic work of these cases only.
British Coal was found liable to pay damages for, in particular, chronic bronchitis and emphysema where there had been exposure to coal dust through working underground after 5 June 1954. The damages awarded would be dependent upon several factors, such as the extent of exposure before this date and whether the claimant had a history of smoking.
As a result of the outcome of these cases, British Coal entered into handling agreements with the representatives of the claimants to deal with thousands of further personal injury claims. The scheme for VWF closed in September 2002 and for Respiratory Disease in March 2004. Around 750,000 claims have been brought in total, with many still outstanding which Thompsons continue to handle.
The COSHH Regulations
Dugmore v Swansea NHS Trust and another (2003): A recent case handled by Thompsons’ Mick Antoniw is one of the most important disease cases of recent years in respect of the interpretation of the Control of Substances Hazardous to Health Regulations.
The claimant was a nurse, who had suffered asthma and eczema all her life. She developed a latex allergy between 1993 and 1995 through using powdered latex gloves as part of her work. There was no evidence prior to 1993 that the use of such gloves could cause this type of allergy.
In 1996 the claimant was provided with vinyl gloves by the hospital, following a serious reaction she had whilst performing a procedure using latex gloves. Whilst employed at another hospital in 1997, using vinyl gloves, she suffered an anaphylactic attack due to picking up an empty box that had contained latex gloves. She had to give up work. A successful claim was made against the first hospital as they had a duty under the COSHH regulations.
Cherry Tree Machine Company Ltd and Another (2001): This case, handled by Thompsons partner, Judith Gledhill, addressed an important point in the interpretation of the Asbestos Industry Regulations 1931.
The claimant was an apprentice fitter from 1945 to 1949. The company manufactured dry cleaners’ presses and, between 1946 and 1948, he had to handle asbestos as part of his work. He alleged that his employers were in breach of the 1931 regulations. They denied this, stating that the regulations only applied to the asbestos industry, not to other industries that used asbestos. The judge and Court of Appeal agreed with the claimant, an important decision in the field of asbestos-related disease.
Contact us
Testimonials
"It wasn't realistic for me to work any more and the loss of my income placed an additional strain on us."
Jane Evans
Mother of Rebecca
Personal Injury News
