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December 11, 2018 10:57 am

Although it is normally necessary to ensure that personal injury claims are brought soon after an injury occurs, there are some injuries which may manifest themselves only years after they have been caused. Exposure to noxious substances is a common cause of delayed injury, with mesothelioma often taking decades to manifest itself after exposure to harmful asbestos fibres. (more…)

December 11, 2018 10:41 am

A dismissed university professor has succeeded in keeping alive her hopes of winning compensation for sex and disability discrimination. In ruling on her case, the Employment Appeal Tribunal (EAT) succinctly defined the legal tests that should be applied in disability cases (Sheikholeslami v University of Edinburgh). (more…)

ER v Brighton and Sussex University Hospitals NHS Trust

Jonathan Austen-Jones represented the Claimant (“ER”), a 53 years old man who was taken by ambulance to the Royal Sussex County Hospital on 4 March 2017 after suffering with abdominal pain over the previous two days.   (more…)

RH v Brighton and Sussex University Hospitals NHS Trust

RH sought help and advice from Jonathan Austen-Jones to investigate a potential claim for clinical negligence against the Brighton and Sussex University Hospitals NHS Trust following back surgery carried out by one of its orthopaedic and spinal specialists.

November 29, 2018 11:20 am

Gazebos are used by all kinds of organisations when attending events up and down the country. It may not seem that an employer’s duty to assess and minimise workplace risks would extend to tasks such as carrying and assembling gazebos, but a recent case shows that it does. (more…)

November 28, 2018 4:05 pm

In order to succeed in a ‘secondary victim’ claim as a result of clinical negligence it is necessary to establish that the claimant suffered psychiatric illness or injury – as opposed to grief, sorrow, deprivation or the need to provide care for the loved one who has suffered the injury – as a result of witnessing a sudden, shocking event. Given the number of hurdles a claimant has to clear to show that the many tests have been met, there have been very few successful claims to date. (more…)

November 28, 2018 11:17 am

A case heard by the Privy Council makes required reading for any employer who provides non-contractual benefits to their employees. (more…)

November 26, 2018 2:51 pm

Two recent cases illustrate that employers need to be vigilant in assessing tripping and slipping hazards in areas where workers perform their tasks. If they fail in this duty, those who are injured as a result may be able to claim compensation. (more…)

November 26, 2018 12:35 pm

Hospital accident and emergency departments work under intense pressure but, if negligent mistakes are made, it is only right that compensation is paid. In a case in point, a boy who was sent home by medical staff despite suffering from a rare brain infection has won a seven-figure compensation pay out from the NHS. (more…)

November 26, 2018 12:20 pm

When a fire at a military base in Shropshire in 1983 covered a large area near Telford with toxic dust, the potential long-term health implications were clear. It took the local council three days to start a clean-up operation to clear the area of the dust, which contained asbestos particles. (more…)