Tag Archives: Employment Law

Employment Law Reforms Announced to Shake Up the Work Place and Encourage Businesses to Hire Again, reports Thomas Mansfield

Business Secretary Vince Cable has announced reforms to the UK’s employment laws that make it easier for employers to dismiss under-performing employees. The amended laws include settlement agreements which will give employers the opportunity to pay-off under-performing staff to prevent future claims of unfair dismissal. Although workers are not obliged to accept a pay-off, if they do so it will be legally protected and as such cannot be brought up as evidence in a future court case or tribunal.

At the same time, the maximum limit for a pay out for unfair dismissal is being reduced. It currently stands at £72,300, but MPs want this reduced to a maximum of 12 months’ salary. The aim is to encourage employers, particularly small and medium sized firms, to employ more people.

Critics say the proposals only benefit employers and remove rights from workers, but many employers, particularly smaller firms, should find some benefits, including savings of time and resources, and greater security.

Thomas Mansfield, employment solicitors London based, points out these new settlement agreements are pretty much the same as the existing compromise agreement system. Currently employees and employers can come to a specific agreement over a financial pay out from the employer in return for the employee bringing no claims against the employer in the future. Free legal representation is offered as part of this package, and Thomas Mansfield predicts it will be included in the new settlement agreements too.

The UK’s legal system is a confusing one and often beyond the reach of the ordinary worker. Thomas Mansfield is well placed to provide advice, support and representation on matters relating to employment law, including unfair dismissal and employment tribunals. It predicts the new rules are bound to cause further confusion among both employers and employees and advises anyone confused by the new laws to seek out legal advice when necessary.

Via EPR Network
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RJW Joins Forces With Slater & Gordon In The UK Following ABS Licence Approval

RJW has been acquired by Slater & Gordon – the world’s first publicly listed law firm – for £53.8 million (approximately $AUD80 million). The acquisition took place on 30 April 2012 following the approval of an Alternative Business Structures (ABS) licence by the UK Solicitors Regulation Authority. The law firm notified the Australian Securities Exchange (ASX) of its ABS licence approval on the same day.

Slater & Gordon was amongst the first organisations to be granted an ABS licence by the UK regulatory authority.

RJW and Slater & Gordon and announced their plans to join forces and capitalise on changes in the UK legal landscape in January of 2012, following 12 months of negotiations and due diligence.

RJW Chief Executive Officer Neil Kinsella said his team knew that changes were required to stay “at the forefront of a changing legal landscape” and Slater & Gordon was the “perfect partner” law firm.

Mr Kinsella said: “This is an exciting new chapter in our history, and an important step towards us achieving our ambition to become the largest and most trusted brand for personal legal services in the UK.

“We are in the midst of a changing landscape in the UK and we want to be at the forefront of that change – both in a regulatory sense and in service delivery.

“One thing that will not change is our commitment to make access to justice available and affordable to all, because that’s a common goal that we share with Slater & Gordon and it’s one of the things that attracted us to them in the first place.”

Slater & Gordon Managing Director Andrew Grech said it was the optimum time to enter the UK market because of the changes in ownerships laws and impending changes to the personal injury sector.

Mr Grech said: “Firms which do not adapt will simply not be able to compete effectively over the long term.

“This partnership gives RJW security so that they can continue providing a first class legal service, but it also gives them the resources needed to develop and grow whilst retaining and attracting talented people in a way that would not have been possible otherwise.”

Mr Grech said Slater & Gordon would support its UK business to continue to grow and meet the needs and expectations of their clients into the future.

He continued: “We have jointly identified the opportunities that will come as a result of the changes in the UK market and have already benefited from sharing our knowledge.

“The potential to share technology and have greater resources to retain and attract additional talented people will underpin our future success.”

RJW equity partners have exchanged ownership of a traditional partnership for share-ownership in Slater & Gordon Ltd. The partners will hold Slater & Gordon shares for a minimum of four years. RJW has traded as ‘Russell, Jones & Walker part of Slater & Gordon Lawyers’ from Monday 30 April, 2012. The acquisition includes RJW’s Claims Direct brand.

Via EPR Network
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Have A Safe & Healthy Workplace Over Christmas – What Employers Can Do Over The Festive Season

Although this is a traditional time of year for enjoyment and celebration, employers need to take extra care in dealing with hazards created by workplace related festivities.

Hazards that may arise include: –
+ fire caused by poor quality electrical items, e.g. festive lights on Christmas trees
+ falls from chairs or tables when decorating offices and trees
+ alcohol related incidents, e.g. violence, vehicle accidents.

By implementing some simple procedures, risk of harm or damage can be minimised, for example:
+ for work related parties, ensure that suitable arrangements are in place to control alcohol consumption and that employees have arranged safe means of transport for after the event
+ ensure that all portable electrical items brought onto the premises are inspected and tested, where relevant
+ turn electrical items off when not in use
+ follow manufacturer’s guidance for using electrical items
+ keep decorations away from hot surfaces e.g. light bulbs, heaters
+ use good working at height practices and suitable access equipment when putting up decorations, lights, etc.
+ ensure that celebrations do not affect the safety performance of employees undertaking their work activities.

Citation has found a common concern for employers at this time of year is around the company Christmas party. Many businesses organise a company Christmas party, however some employers are concerned about a small minority of employees who may behave inappropriately at such social events.

Lindsay Hill, Chief Executive of Citation plc says:
“In general, employees attending employer-organised Christmas parties are doing so ‘in the course of their employment’, so employers have some liability for their employees’ actions and welfare when they are attending these functions.

“Putting aside the obvious health & safety issues, the more boisterous the party, the more likely it is that things could go wrong; and the more you’ve done to help make it boisterous – a free bar, themed it ‘devils and tarts’, etc. – the more responsible you’re likely to be if it does go wrong.

“My number one advice is don’t have a free bar. Either mingle and try to buy each of your employees a drink, or arrange to have bar tickets – one ticket, one drink – and issue each employee with a couple of tickets. If you must theme the evening, don’t make the theme provocative – stick to ‘back to the 70s’, or ‘country and western’, etc. Think about designating some senior members of staff to be ‘alcohol free’, so that they can deal sensibly with any unacceptable behaviour.

“Employers also need to think about the steps they can take to help employees to get home safely, such as organising a coach or mini-bus, making sure that no-one will be walking home alone, or having a phone list of local taxis available.

“Finally, because employees are attending ‘in the course of their employment’, the employment laws concerning discrimination and harassment still apply, so there’s no harm in gently reminding employees that they too have responsibilities and that they are expected to comply with the company’s discrimination and harassment policies and to behave in an acceptable manner.”

Operating throughout the UK since 1995, Citation provides professional advice and compliance packages to business clients, mainly SMEs with between six and 200 employees.

Independently endorsed at the highest level, its market leading services provide guaranteed protection in the high risk areas of employment law and health and safety regulations.

Via EPR Network
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Employment Solicitors Thomas Mansfield’s David Gray-Jones in the Employment Appeal Tribunal

Employment solicitors have for a long time grappled with the thorny issue of what constitutes employment status.

The main distinction of importance is that between an employee and a worker. An employee is an individual who has entered into, or works under a contract of employment. Broadly speaking, a contract of employment is a contract of service.

The question of employment status has been blurred in recent years by the evolution of the status of the worker and has become a task for employment solicitors to define.

Of this predicament, Thomas Mansfield’s David Gray-Jones says, ‘Whilst workers have less extensive employment protection rights than employees, such as the right not to be unfairly dismissed, other statutory employment protections including the right to holiday pay or to complain about non payment of wages, often cover workers as well as employees.’

For employment solicitors, the concise and efficient way to examine such cases is through EAT, a test applied by an employment tribunal when making decisions around unfair dismissals.

David Gray-Jones, of the Employment Appeal Tribunal he appeared in on behalf of Word by Word Translations Limited, argues that;

‘The claimant was neither an employee nor a worker; the employment tribunal did not have authority to hear his various claims including those of unfair dismissal and unauthorised deduction from wages.’

A fundamental tenet of a contract of service (a conventional contract of employment) is the requirement to perform the services personally. Of interest to the employment appeal tribunal was the fact that Mr Kuncharalingam had the power to delegate, that is, send a substitute to complete an assignment when he was unable to do so himself.

Whilst not establishing a new point of law, this case can be distinguished from earlier cases where the issue of substitution has been considered. Had the company exercised its power to limit Mr Kuncharalingam’s ability to provide a substitute then the employment tribunal might have felt obliged to follow previous legal authority and found him to be a worker.

What distinguished this case was the fact that Mr Kuncharalingam had an unfettered right to provide a substitute. He did so without telling the company and the company did not object. Thomas Mansfield’s David Gray-Jones says, ‘I was able to detect an absence of requirement for personal service and his case failed.’

Via EPR Network
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Russell Jones & Walker Wins Claim Against London’s Oldest Gay Pub

Russell Jones & Walker has won a claim (Case number: 609803.1) of adopting ‘an anti-gay policy’ against the new owners of London’s oldest gay pub on behalf of Mr Charles Lisboa, 41, who joined the Coleherne Arms as Assistant Manager shortly before it re-opened as the Pembroke Arms in December 2008.

The pub, regarded as London’s first ‘gay pub’, had attracted an exclusively gay clientele until its acquisition by Realpubs in 2008. The new owners stated that they intended to refurbish the pub and re-package it as a gastro-pub, to attract patrons from a wider section of the community.

However, soon after the pub re-opened as the Pembroke Arms, Malcolm Heap, Director at Realpubs, expressed concern to staff that the clientele had not really changed. The Tribunal accepted that Mr Heap, along with Jimmy Sydney, the pub’s General Manager, took various steps to ‘de-gay’ the pub, including putting a sign up outside proclaiming, ‘This is not a gay pub’.

Mr Heap also stressed in an email to one of Realpub’s investors that he was attempting to ban the pub’s ‘over the top’ customers.

Mr Lisboa was uncomfortable with the stance taken by Realpubs’ management regarding their attitude to him and the pub’s gay customers. On one occasion, Mr Lisboa was asked by Mr Heap to reprimand a gay couple for their behaviour, referring to them as ‘queens’. Mr Heap then went on to say that Mr Lisboa was ‘another kind of gay’. On a separate occasion, Mr Heap stated that one of Mr Lisboa’s colleague’s ‘walked too camp’.

Only four weeks after joining the Pembroke Arms Mr Lisboa tendered his resignation due to sex discrimination.

The London Central Employment Tribunal has upheld Mr Lisboa’s claim that he was the victim of discrimination at work and awarded him compensation. However, his claim of constructive dismissal was deemed unsuccessful.

Via EPR Network
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Increased Number Of People Seeking Legal Advice On Employment Issues

Data from home insurer LV= reveals a sharp rise of 21% in calls to its legal helpline for advice. A quarter of all calls relate to employment issues such as redundancy – a rise of a third compared with 2008.

lv.com

Further research conducted by LV= found that consumers are increasingly seeking legal advice in the recession, with up to one million people having to take legal advice on employment issues in the last 12 months*. Current unemployment numbers stand at 1.92 million people in the UK*.

Almost half of the people who have sought legal advice about an employment issue in the last year (47%) cited the recession as the cause of their problems*. Common problems included being asked to work reduced hours, requested to take a pay cut or being made redundant.

LV=’s analysis of employment related calls made to its legal advice helpline in the first quarter of 2009 shows that employers were acting illegally in one in three cases. In addition to the helpline, the legal cover that LV= offers as part of its home insurance will pay solicitors fees of up to £50,000 in the event of a case being pursued, with any payouts won being unaffected.

Almost half of the people questioned in the LV= research (48%) said that the company they work for has made redundancies since the onset of the credit crunch. A quarter (26%) also said that hours have been cut and the same number said that pay rises had been cancelled*.

The research by LV= revealed that potentially over half of all UK adults (55%) have had to take some form of legal advice in the past, with the majority opting to speak to a private solicitor as the first port of call despite the high costs involved*. The average cost of such advice is £708 per case. This compares with a cost of just £18.90 a year for adding legal cover – including unlimited use of the helpline and up to £50,000 in legal fees – to a LV= home insurance policy.

John O’Roarke, managing director of LV= home insurance, said: “The statistics from our helpline show that an increasing number of people are looking for legal help because of employment problems caused directly by the recession. The issues are far ranging, covering redundancies, a reduction in hours and pay, or changes in employment contracts.

All statistics taken from internal data are based on calls made to the LV= legal helpline, unless otherwise specified. Wider research conducted by Opinium among 2,013 people from 1-5 May 2009.

* National Statistics taken from www.statistics.gov.uk

Via EPR Network
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Accident Advice Helpline (AAH), The UK’s Largest Claims Management Company, Has Announced The Re-Launch Of ‘Resolusion’, The Fast Track Personal Injury Service

The move follows the acquisition of Resolusion from Elision Group – the specialist technology company who developed the system – to set an industry standard for faster and more cost-effective claims settlement in line with the Ministry of Justice claims process reforms.

accidentadvicehelpline

The Resolusion system has already demonstrated significant cost savings to both insurers and litigant solicitors following extensive pilot testing over the last 2 years with leading personal injury law firms and insurers, and will change the landscape of personal injury claims by significantly reducing 3rd party costs and settlement times.

Commenting on the launch, Darren Werth – Managing Director of Accident Advice Helpline said, “The re-launch of the Resolusion platform will help proposed MOJ reforms in streamlining the claims process and provide cost savings to both insurers and personal injury law firms. We are planning to run some of our own claims through the system during the next few months and prove that the claimant still receives access to justice, still using lawyers where appropriate and still ensuring adequate compensation and medical assessment at a lesser cost and time.”

An innovative part of the Resolusion service will be the initial medical assessment process, originally designed by Health & Case Management Limited (HCML) and Professor Mansel Aylward, and already used for medical assessments for the DWP Pathways to Work programme. The screening process immediately reduces the need for expensive Medical Reports and associated referral fees, and allows for the early use of rehabilitation where appropriate.

Darren Werth added, “The MOJ claims process reforms are here and we believe the Resolusion platform and service is crucial to the insurers if they are to meet these proposals, we have approached a number of insurers whose claims we capture on a daily basis and with them we hope to be able to lead the change in how personal injury claims are settled”.

About Accident Advice Helpline
Accident Advice Helpline was established in 2000 following the removal of legal aid to accident victims with personal injury cases. The company was founded to provide access to justice for accident victims and, since its creation, has helped thousands of people claim compensation against the responsible parties.

Working on a no win, no fee basis, the injury compensation specialist is the UK’s leading company of its kind and prides itself on quick and effective claims processing with high quality service and an admirable success rate. The level of customer satisfaction which Accident Advice Helpline is known for is characterised by television star Esther Rantzen’s continued support for the company, which she has steadily provided since 2003.

Via EPR Network
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Law Firm Field Fisher Waterhouse LLP Has Won Substantial Compensation For The Widow Of A Cyclist Killed In A Fatal Collision With An HGV

The driver of the HGV collided with the cyclist, Stephen Ferguson, despite the fact that Mr Ferguson was directly in front of his vehicle.

In April 2007, Mr Ferguson, a father of three from Dulwich in South East London was cycling to work when he approached a set of traffic lights on red. Passing a stationary HGV, he positioned himself in front of it, ready to cycle off when the lights went green. The driver, whose HGV was missing a nearside mirror, failed to see Mr Ferguson in front of his vehicle and when the lights changed, moved off, driving over Mr Ferguson and his bicycle, killing him instantly.

Mr Ferguson’s widow Emma instructed Field Fisher Waterhouse’s personal injury partner, Jill Greenfield and associate, Mark Bowman to represent her in a claim (Case number: 41899.1) against Hendricks Lovell Limited, the haulage company which employed the driver of the HGV.

Hendricks denied causing the road traffic accident but during investigations it was established that the driver had his radio on, had an open newspaper on the passenger seat and was missing one of his mirrors. Hendricks finally agreed to pay substantial financial compensation to Emma Ferguson and her three young children, now aged six, four and one.

Mark Bowman, solicitor at Field Fisher Waterhouse commented: “This tragic case highlights the danger that HGVs pose to cyclists and why they must be fitted with the correct mirrors. More needs to be done to ensure that cycling in London is safe and that these accidents happen far less.”

Emma Ferguson said: “I would like to thank Field Fisher Waterhouse for all their amazing work. This will make a real difference to the children’s future. I am, and I know Stephen would be, very grateful to them for that.”

 

About Field Fisher Waterhouse LLP
Field Fisher Waterhouse LLP is a full service European law firm with offices in Brussels, Hamburg, Paris, London and Manchester and exclusive relationships with Spanish firm Jiménez de Parga and Italian firm, La Scala. The firm has over 120 partners, 220 other lawyers and nearly 300 support staff. FFW assists a wide range of international clients, advising across the full range of legal issues.

The firm’s main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. FFW also has particular expertise in employment & pensions, dispute resolution, tax and competition & EU law, Medical Negligence, Spinal Injury and Personal Injury Claims.

The international client base includes listed and unlisted companies, multinationals, banks and other financial institutions, professional partnerships, trade associations and Government departments. A distinctive feature of the firm is its industry focus, acknowledged as leading experts in the public sector, technology and media sectors.

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The Accident Advice Helpline Has Announced They Are To Focus Their Marketing Campaign Around Accidents At Work In An Effort To Support The Health And Safety Executive

Following recent government publicity of the work carried out by the HSE, Accident Advice Helpline has allocated additional advertising budget to help get the message out to the public that if they are injured at work through no fault of their own then their employer is liable for damages and that the AAH is there to help. Included in the advertising are television spots where Accident Advice Helpline clients – such as Steve Hubber, who claimed £3,677 after receiving serious leg injuries at work – talk about their compensation claim experience with the company.

The Health and Safety Statistics Report 2007/08 released by the HSE revealed that 6 million working days were lost because of workplace injury and Accident Advice Helpline is joining them in their drive for improved health and safety in the workplace.

David Carter, the spokesperson for Accident Advice Helpline, said: “We are in constant contact with innocent victims who have suffered painful injuries, so we fully support and recognise the value the HSE brings by helping to reduce the number of preventable accidents from happening.

“By implementing their suggestions and providing specialist training for undertaking injury inducing tasks such as lifting or operating dangerous machinery they are making workplaces across Britain much safer. Even a simple look around the office to ensure there are no potential hazards could prevent a serious injury.”

People who are considering claiming work accident compensation can visit the Accident Advice Helpline website for more information, to read case studies and to use the 30-second ‘How much is your claim worth?’ calculator. AAH also provides 24 hour phone assistance offering free legal advice.

About Accident Advice Helpline
Accident Advice Helpline was established in 2000 following the removal of legal aid to accident victims with personal injury cases. The company was founded to provide access to justice for accident victims and, since its creation, has helped thousands of people claim compensation against the responsible parties.

Working on a no win no fee basis, the injury compensation specialist is the UK’s leading company of its kind and prides itself on quick and effective claims processing with high quality service and an admirable success rate. The level of customer satisfaction Accident Advice Helpline is known for is characterised by television star Esther Rantzen’s continued support for the company, which she has steadily provided since 2003.

Accident Advice Helpline Direct Ltd 
Registered in England & Wales: No: 5107417
Registered Office: Quadrant House (Floor 6), 17 Thomas More Street, Thomas More Square, London E1W 1YW

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Field Fisher Waterhouse Wins Compensation For Repeatedly Failed Cancer Patient

Law firm, Field Fisher Waterhouse LLP has won substantial compensation for Mrs X, a 71 year old from Chingford in London, now living in Brighton, who developed myeloma, a form of cancer affecting the bone marrow, after she repeatedly sought health specialists’ help but was not given appropriate treatment.

Mrs X will receive £400,000 as compensation following her medical negligence claim, after it was agreed that her GP should have referred her to hospital more quickly and the hospital should have taken swifter measures to treat her. The compensation will cover all of the costs that Mrs X has incurred to date together with the recommendations for future care.

Mrs X had experienced serious upper back pain since 2002 and had contacted her GP to investigate the problem. He conducted an erythrocyte sedimentation rate (ESR) test and, despite abnormal readings, failed to recommend any investigations into the cause of the readings. Mrs X’s situation worsened prior to a further ESR test being conducted in August 2003, revealing deteriorating results. Despite this, the GP failed to refer her for further assessments, instead assessing her ongoing symptoms as osteoarthritis, which would not cause an abnormal ESR reading.

Progressively, Mrs X lost useful function of her left arm and experienced paraesthesia in her lower limbs before her GP referred her for a non-urgent MRI scan.

In the meantime, Mrs X’s symptoms continued to deteriorate, leading her to refer herself to Whipps Cross Hospital in Leytonstone where she was seen by a junior doctor who failed to ask for a senior review or request an MRI scan. Prior to review by senior staff, Mrs X suffered a pathological fracture to her left arm and reduced sensation in both her legs.

Following senior review four days after admission, Mrs X was transferred to St Bartholomews Hospital in London where she was finally diagnosed as suffering from myeloma at which point she started to undergo radiotherapy and chemotherapy treatment.

The defendants, Mrs X’s GP and Whipps Cross Hospital initially denied liability, however when expert evidence on breach of duty and causation was due to be exchanged, both defendants admitted liability and judgement was entered for the claimant against both defendants.

Following exchange of further evidence on condition and prognosis from experts in the fields of oncology, neurosurgery, care, physiotherapy and occupational therapy, the personal injury claim settled for the sum of £400,000, ten days before the trial was due to begin.

Mark Bowman, clinical negligence lawyer at Field Fisher Waterhouse instructed by Mrs X to represent her said: “This was a particularly tricky case, involving experts from a number of disciplines and more than one defendant. I am very happy with the outcome. I am glad that Mrs X will now receive the compensation that she deserves and will be able to rest assured that her needs will be met for the rest of her life.”

 

About Field Fisher Waterhouse
Field Fisher Waterhouse LLP is a full service European law firm with offices in Brussels, Hamburg, Paris, London and Manchester and exclusive relationships with Spanish firm Jiménez de Parga and Italian firm, La Scala. The firm has over 120 partners, 220 other lawyers and nearly 300 support staff. FFW assists a wide range of international clients, advising across the full range of legal issues.

The firm’s main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. FFW also has particular expertise in employment & pensions, dispute resolution, tax and competition & EU law, clinical negligence, spinal injury and brain injury claims.

The international client base includes listed and unlisted companies, multinationals, banks and other financial institutions, professional partnerships, trade associations and Government departments. A distinctive feature of the firm is its industry focus, acknowledged as leading experts in the public sector, technology and media sectors.

Via EPR Network
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Injury Compensation Advice Company Accident Advice Helpline Has Launched Its New Website Detailing How Prospective Claimants Could Win Compensation For Their Personal Injuries

The new website intends to make clear the intention of Accident Advice Helpline to assist people with genuine claims discover what compensation they may be entitled to and includes information on the compensation claim process, how to claim online, a FAQ section and company news.

Accident Advice Helpline’s updated site also includes case studies, a 30 second “how much is your claim worth?” calculator and information about different types of injury compensation claims that can be made.

Prospective claimants are invited to visit the new website to read about what is available to them, but Accident Advice Helpline also encourages victims of personal injuries to phone them on a 24 hour free helpline offering legal advice.

From its new website, Accident Advice Helpline offers a no-win no-fee service to clients who have experienced a personal injury through no fault of their own. From traffic accidents to work accidents, Accident Advice Helpline can help victims of personal injury gain compensation. The injury compensation expert specialises in hassle free online and offline service, with no forms to fill.

For those who have suffered accidents at work, road incidents or other accidents, Accident Advice Helpline can provide round the clock assistance and advice – all free of charge on its legal advice helpline.

About Accident Advice Helpline
Accident Advice Helpline was established in 2000 following the removal of legal aid to accident victims with personal injury cases. The company was founded to provide access to justice for accident victims and, since its creation, has helped thousands of people claim compensation against the responsible parties.

The injury compensation specialist is the UK’s leading company of its kind and prides itself on quick and effective claims processing with high quality service and an admirable success rate. The level of customer satisfaction Accident Advice Helpline is known for is characterised by television star Esther Rantzen’s continued support for the company, which she has steadily provided since 2003.

Accident Advice Helpline Direct Ltd
Registered in England & Wales: No: 5107417
Registered Office: Quadrant House (Floor 6), 17 Thomas More Street, Thomas More Square, London E1W 1YW

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2008 – Record Year For Asbestos Claims

In 2008, the Asbestos Claims Group at law firm Field Fisher Waterhouse LLP recovered record levels of compensation for victims of asbestos-related diseases in 124 successful cases, resulting in over £16 million. Over the years, the lawyers in the firm’s Asbestos Claims Group have recovered a total of £132 million in 2025 successful claims.

Some of the significant asbestos claims cases over the past year have included:

– Negotiating an award of £703,000 for the widow and family of a 52 year old partner in an engineering firm who died from mesothelioma following exposure to asbestos at work. This is amongst only a handful of awards exceeding £500,000 across England and Wales.

– Winning £100,000 damages (plus legal costs) for a retired teacher who developed mesothelioma by using drawing pins to pin children’s work to the walls of her prefab classroom, which contained asbestos.

– In a landmark case the firm recovered £12,500 for the value of hospice care as part of a £170,000 settlement for a man who worked with asbestos in 1963 and contracted mesothelioma in 2005. The funding of hospice care is almost exclusively by charitable donation and this is thought to be the first time a firm of solicitors has recovered the cost of care in this way.

– Field Fisher Waterhouse acted for the family of a 75 year old man who died due to mesothelioma, and who used to take care of his grandchildren after school in term times. The defendants initially denied that this was compensatable, since there was no reported precedent for it, however the firm recovered£109,352 at a High Court hearing including £27,960 for the grandchildren’s care.

The FFW team of asbestos lawyers has also been actively lobbying the House of Commons, requesting that the Government overturn the House of Lords ruling that pleural plaques – a scarring of the lining of the lungs as a result of exposure to asbestos – is not a compensatable disease. The team also responded to the Ministry of Justice’s consultation on the Law Lords’ pleural plaques ruling.

Asbestos-related diseases affect thousands of people in the UK each year. Factory workers and labourers are amongst those who are commonly affected, but Field Fisher Waterhouse has also acted on behalf of professionals such as doctors, nurses and teachers who have been exposed to asbestos through their work. Field Fisher Waterhouse LLP is a leader in the field of Asbestos Claims.

Rodney Nelson-Jones, head of the Asbestos Claims group at Field Fisher Waterhouse, said: “I am delighted that in 2008 we were able to win over £16 million in compensation for the victims of these terrible diseases. It is crucial that sufferers and their families receive the compensation they deserve.”

About Field Fisher Waterhouse
Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, FFW assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, asbestos claims and mesothelioma claims, personal injury, spinal injury cases and medical negligence, public sector and tax.

 

Via EPR Network
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