THOMPSONS CASE MANAGEMENT SYSTEM

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PERSONAL INJURY LAW UPDATE
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• IOSH London Met Branch
• Partnership Workings
• 11 October 2011
• PERSONAL INJURY LAW UPDATE
• Gerard Stilliard
• Thompsons Solicitors LLP

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Jackson/Clarke reforms

• no success fee
• no after the event insurance
• no access to justice?
• decreased attention to health and safety?
• fewer developments in HS/PI law

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Threlfall v Hull City Council

• PPE
• importance of risk assessment
• does PPE prevent or adequately control the risk
  of injury?
• If not ? unsuitable

5
Bhatt v Fontain Motors Ltd

• working at height
• avoid the risk!
• if you cant, make sure the equipment is
  appropriate

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Baker v Quantum and others

• all the way to the Supreme Court PI is easy??
• 7 test cases for NIHL from work in the textiles
  industry
• date of knowledge? Can vary from employer to
  employer
• safety is relative the state of the art
  defence
• future for NIHL cases?

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Geary v JD Weatherspoon plc

• occupiers liability
• acceptance of risk
• genuine informed choice (?!)
• no duty on occupier to protect claimant against
  the risk she has assumed or prevent it from being
  a risk