What does Hand-arm vibration mean? In legal practice, hand–arm vibration means vibration transmitted to a worker’s hands and arms by powered tools and machinery, and the associated risk of hand–arm vibration syndrome (HAVS), including vibration white finger and carpal tunnel symptoms. It commonly arises from prolonged, repeated use of tools such as pneumatic drills, grinders, breakers and chainsaws. The expression is descriptive, but exposure standards and duties are set by the Control of Vibration at Work Regulations 2005 (Great Britain), the Control of Vibration at Work Regulations (Northern Ireland) 2005, and the Safety, Health and Welfare at Work (General Application) Regulations 2007 (Ireland). These implement the...
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The clearest sign of Hand-arm vibration syndrome (HAVS), sometimes called vibration white finger (VWF), is blanching of the fingers caused by spasms of the blood vessels that serve them, leading to pallor. Such spasms may involve all or part of one, several, or even every finger, which then become cold and numb, with reduced sensation. Episodes may persist for a few minutes or continue for a couple of hours. It is also possible for similar attacks to arise in the feet or the nose. There is no curative treatment, though spontaneous improvement may occur over time. The condition may occur naturally, yet it is frequently associated with over-exposure to vibrating tools. Its aetiology has not always been understood and, crucially for litigation in these cases, the courts have Limited Liability to periods after which Employers ought reasonably to have been aware of the risks of HAVS and the appropriate preventive practices to adopt. Accordingly, to succeed a claimant must show that their exposure to vibrating tools exceeded what a prudent employer should have allowed...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...