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Asthma meaning

What does Asthma mean?
Asthma describes, in legal practice, a chronic inflammatory lung condition (causing wheeze and breathlessness) that commonly features in personal injury, clinical negligence, employment and equality, housing disrepair, environmental nuisance and regulatory matters. It is not generally defined in legislation or case law; it is a medical diagnosis proved by expert evidence and medical records. In discrimination and employment law, asthma can amount to a disability where its effects are substantial and long-term: under the Equality Act 2010 in England, Wales and Scotland (triggering the duty to make reasonable adjustments), under the Disability Discrimination Act 1995 in Northern Ireland, and under the Employment Equality Acts and Equal Status Acts in Ireland (reasonable accommodation). In health and safety, employers must manage risks of occupational asthma from sensitisers and irritants (for example, under COSHH in Great Britain and equivalent regimes in Northern Ireland and Ireland), including assessment, control measures and health surveillance. Work-related asthma is reportable as an occupational disease under RIDDOR in Great Britain and equivalent Northern Ireland provisions. Asthma frequently arises in causation and quantum analyses where exposure to dust, chemicals, pollution, or damp and mould is alleged, including housing and environmental claims. Usage and practical treatment are broadly consistent across the UK...
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View the related News about Asthma

NEWS
IP update: EU AI Act now in force, TTBER consultation, EWHC asthma patent decision, WIPO ADR 2024—plus resources, webinars and trackers (6 February 2025)

In this issue: IP and technology Patents General IP LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information IP and technology EU AI Act starts to apply and Commission plans guidance The initial provisions of the EU AI Act took effect on 2 February. They cover the definition of an artificial intelligence (AI) system, AI literacy obligations, and a list of prohibited AI uses judged to present unacceptable risks in the EU. The European Commission intends to issue guidance on the AI system definition, publish a repository of AI literacy practices, and provide direction on banned AI practices to aid compliance. The Commission has also introduced measures to spur AI innovation, including an AI innovation package for start-ups and SMEs, and forthcoming AI Factories to deliver computing capacity for AI development. See: LNB News 03/02/2025 50. Commission opens consultation on Technology Transfer...

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NEWS
New York federal court allows Kerrygold 'Pure Irish butter' PFAS labelling class action; price-premium standing accepted, injunctive relief dismissed

In an 18-page order, US District Judge Frederic Block partly granted and partly rejected Ornua Foods North America Inc.’s motion to dismiss a proposed class action by Carolyn Winans, who accuses the company behind the Kerrygold butter brand of misleadingly marketing the product as ‘pure’ despite the presence of allegedly harmful synthetic additives. Winans contends the butter contains per- and polyfluoroalkyl substances (PFAS), chemicals used in manufacturing since the 1940s that persist in the environment and bioaccumulate in people and animals because they break down slowly. She alleges PFAS are linked to numerous health issues, including thyroid disorders, immunotoxic effects, several cancers, liver damage, fertility problems and asthma, and notes that New York has banned foods whose packaging contains PFAS. According to Winans, the phrase ‘pure Irish butter’ on Kerrygold packs misleads reasonable consumers into believing the butter is free from artificial chemicals. She asserts violations of New York General Business Law sections 349 and 350 and the New York State Agriculture & Markets Law, and also pleads negligence per...

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NEWS
Personal Injury and Clinical Negligence Weekly: PAP Reforms, Whiplash Tariff Increase, Duty of Candour, Key EWHC Decisions, CPR PD 51ZB Update and UKSC Digital Platform (England and Wales)

In this issue: PI and clinical negligence developments Clinical negligence Public authorities and the state Road traffic accidents Expert evidence CPR updates Court and the legal profession Daily and weekly news alerts New and updated content Useful information PI and clinical negligence developments Reforming the Personal Injury Pre-Action Protocols The Civil Justice Council (CJC) has wrapped up its wide-ranging examination of the current pre-action protocols (PAPs). Here we concentrate on the Personal Injury PAPs. See News Analysis: Reforming the Personal Injury Pre-Action Protocols. Reforming the Pre-Action Protocols—CJC second phase report (November 2024) Part 2 of the CJC’s final report on PAPs has now been released. The report outlines several recommendations to revise a variety of litigation-specific PAPs, and also proposes creating two new PAPs, including one aimed at all multi-track claims in the Business and Property Courts of England and Wales. This split final report (Part 1 having appeared...

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View the related Practice Notes about Asthma

PRACTICE NOTES
Occupational Asthma Claims in Great Britain: COSHH Duties, ERRA 2013 s69 Negligence, Causation and Quantum

Practice Note This Practice Note explores the principal considerations when pursuing a claim arising from work-related asthma. It offers practical direction on key steps in such cases, including the legal framework governing liability, evidential hurdles, and valuation of damages... Identifying whether a duty of care in law is owed The statutory regime under the Control of Substances Hazardous to Health Regulations 2002 (COSHH Regs 2002), SI 2002/2677 Causation questions Assessing the worth of these claims The Note addresses how civil liability may arise where an individual—most commonly, though not solely, an employee—develops asthma following exposure to substances hazardous to health... For injuries occurring before 1 October 2013, the COSHH Regs 2002, SI 2002/2677 (as amended) applied. For injuries on or after 1 October 2013, section 69(3) of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) recasts section 47 of the Health and Safety at Work etc Act 1974 so that breach of the COSHH Regs 2002, SI 2002/2677...

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PRACTICE NOTES
Guide to common diagnostic tests in orthopaedics, hearing loss and respiratory disease, including asthma, COPD, pneumonia, pneumoconiosis and mesothelioma

A. Orthopaedic Orthopaedic issues involve the framework of bones, muscles and ligaments. Typical assessments include: central nervous system review cranial nerve assessment cervical spine, noting tenderness or spasm flexion, both full and lateral rotation, checking for motor or sensory limb deficits deep tendon reflexes, e.g. biceps, triceps and supinators comparative limb measurements and circumferences general observation Vibration white finger (VWF) VWF presents with two distinct elements: vascular (blanching) and neurological (numbness, tingling, reduced tactile discrimination and loss of dexterity). Standard investigations include: vibrotactile threshold testing—to evaluate mechanoreceptors sensing stretch, edges and texture at different frequencies thermal aesthesiometry—to determine thermal receptor thresholds Purdue Pegboard—a dexterity measure identifying loss of fine hand movement grip force measurement—assesses grip in both hands, indicating vibration damage to hand and forearm muscles vascular testing—finger systolic blood pressure to gauge interruption of blood flow with cold exposure cold provocation—visual confirmation of blanching ...

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PRACTICE NOTES
COSHH 2002: Essential Duties, Risk Assessment, Controls, Prohibitions, Monitoring, Liabilities and Due Diligence Defence

Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 (COSHH), SI 2002/2677, is among the most significant health and safety regulations for any organisation that uses, produces or generates chemicals, or other substances capable of harming employees, contractors and the wider public. Every year, hazardous substances make thousands of workers ill, leading to lung disease, cancer and skin conditions. Examples include: Dust in air — lung diseases Metalworking fluids — dermatitis and asthma Wet cement — chemical burns or dermatitis Benzene in crude oil — leukaemia For guidance on occupational health claims please see Practice Notes: Dermatitis and sensitisation conditions and Asthma. Substances hazardous to health COSHH defines a ‘substance hazardous to health’ as including: Substances that meet the criteria for classification as hazardous within any health hazard class set out in the CLP Regulation, whether or not the substance is classified under that Regulation. For more on the CLP Regulation, see Practice...

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