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			February 2010

		Black Friday - the end of costs as we know it?

	We have managed to weather the most depressing day of the year, so called Blue Monday on 18th January 2010, although with the publication of the Jackson report Claimant solicitors were probably feeling more depressed the previous Friday. Lord Rupert Jackson published his report into civil litigation costs on Friday 15th January 2010, he recommends significant change to the current regime to bring the costs of civil litigation back under control and promote access to justice. Lord Jackson made a number of wide ranging recommendations throughout his 557 page report, many of which will cause concern to Claimant solicito’s including: An end to the principle that the loser pays the costs of a case - in future, Claimants who lose would make only a small contribution to costs if they had behaved reasonably, removing the need for insurance. Defendants would have a greater incentive to settle. Capping success fees - costs in “no win no fee cases” can range between 158 per cent and 203 per cent of damages awarded with success fees capable of being up to 100%. Lord Jackson recommends that success fees should be capped at 25% Contingency fees should be introduced – Lord Jackson has suggested a contingency fee arrangement where the Claimant would pay for their solicitor’s success fee out of their damages. Accordingly Claimant’s damages should be increased by 10%. Fixed costs – Costs in cases of up to £25,000 will attract costs on a fixed scale ensuring that they do not escalate beyond a reasonable level. Referral fees to be banned – any new system should promote competitiveness and not be based on a system where Claimant solicitors compete for business on the basis of what company will pay them the largest referral fee. Whether the Government will adopt any of Lord Jackson’s recommendations remains to be seen as his report was commissioned by the Master of the Rolls and not the Government itself. Jack Straw has said “The Ministry of Justice will look at Sir Rupert’s package of recommendations in depth and will set out the way forward in due course.” Watch this space... In this issue: Home workers working environments need to be risk assessed As more and more employers and employees are taking advantage of the benefits of working from home, health and safety should not be forgotten as the employers duty to safeguard their employees from safety risks extends to when they are working from home. More... Rise in risk in adventure activities has led to increased gang culture In the Conservative Party’s report into health and safety, MP Julian Brazier has said that the rise in personal injury claims in the adventure activity sector has limited the opportunities for young people and cultivated an atmosphere for the growth of gangs. More... Law Society launches judicial review of Government's criminal defence costs The Law Society has launched judicial review proceedings against the recent changes which mean that successful defendants in criminal cases can only recover their costs at legal aid rates and not costs actually incurred. More... Let it snow, let it snow, let it snow No part of the country has escaped the snow in the last month with some parts being hit worse than others. While children who are off school revel in the snow, employers have to look seriously about what precautions they should take to ensure that their employees and others are safe and to safeguard themselves from potential claims. More... Scottish position on pleural plaques retained Aviva, AXA general insurers, RSA, Zurich and other insurers have lost their judicial review of the Damages (Asbestos-related Conditions) (Scotland) Act after the Scottish Court ruled that the law enabling those with pleural plaques to obtain compensation was not burdensome to such an extent that it was “irrational”, which is the necessary standard to invalidate a primary Act of the Scottish Parliament. More... Fine for company following injury of untrained worker Meldrum Construction Services has been fined £4,500 and ordered to pay £2,342 in costs following an incident where a fork lift truck being driven by an untrained operative overturned. More... Make the Promise HSE are asking farmers to make or reaffirm their promise to come home safely as the New Year starts. More... Violence in the retail sector While we often think after sales shopping that violence is rife amongst shoppers, IOSH has highlighted the retail sector as being one of those most susceptible to workplace violence. More... Firm fined £280,000 after worker paralysed Three companies have pleaded guilty and been fined £283,332 for breaching health and safety law which resulted in an employee being paralysed from the waist down when 0.5 tonne of waste fell on him. More... Contacts We hope you find this update both informative and interesting. If you wish to discuss any of the items raised in this month’s briefing, or require specific assistance please do not hesitate to contact a member of the team. Health and Safety Team Partners Crispin Kenyon 020 7903 5780 ck@vizardswyeth.com Fiona East 020 7903 5670 fme@vizardswyeth.com David Johnson 020 7903 5793 dj@vizardswyeth.com Want to send this newsletter to a friend? Click here The information contained within this Newsletter is for general guidance only and represents our understanding of Health and Safety law and practice. Vizards Wyeth cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be taken on any individual matter. If you no longer wish to receive these updates, please click here and you will be removed from our mailing list. © Copyright Vizards Wyeth 2010 Picture © jeff gynane - Fotolia.com

In this issue: Home workers working environments need to be risk assessed Rise in risk in adventure activities has led to increased gang culture Law Society launches judicial review of Government’s criminal defence costs Let it snow, let it snow, let it snow Scottish position on pleural plaques retained Fine for company following injury of untrained worker Make the Promise Violence in the retail sector Firm fined £280,000 after worker paralysed