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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

£165,000 Fine Over Eye Injury

Viridor Enviroscot, an Edinburgh based company has been fined £165,000 when a worker was left blind in one following an accident in the workplace.

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Crash Victims Should be Paid For Treatment Only - Lord Hunt

Lord Hunt of Wirral has called for those injured in vehicle accidents to be compensated for the treatment they received rather than pay-outs for injuries in order to stop the “whiplash” culture.

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Tradespeople Still at Risk from Asbestos

Tradespeople, including construction workers, carpenters and painters and decorators, could come into contact with deadly asbestos more than 100 times a year on average, according to a new survey commissioned by the Health and Safety Executive (HSE).  In addition, an average of 20 tradespeople die every week from asbestos related diseases.

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Clarification of the Damages Act - Judge Makes Substantial Award to Grandchildren of Road Traffic Victim

A Court of Session Judge has further clarified the application of the Damages (Scotland) Act 2011 in awarding the grandchildren of a man who died in a car accident significant damages.Russell Stuart sustained fatal injuries after being hit by a car in Aberdeen in May 2011. The claims of Mr Stuart’s widow and three children were settled by the defenders, the driver and her insurance company. It was however considered by Lord Woolman that the victims grandchildren were also entitled to substantial damages due to their relationship with their grandfather among other factors. This included a grandchild not yet born. Lord Woolman considered settlement in respect of his three grandchildren: N, aged 5, E aged 3 and H who was born five months after Mr Stuart’s death.The judge considered the relatively sparse case and decided to award the grandchildren sums significantly higher than those proposed by the defenders. Lord Woolman described the relationship between the granddaughters and their grandfather, stating that it was at times similar to that of a parent.Four factors were attributed to Lord Woolman’s decision: the bond of love and affection between them, Mr Stuart’s involvement in their upbringing; the belief that H would have enjoyed a similar relationship and has missed out on this, and also the fact that Mr Stuart’s was expected to live for another 15 years.Lord Woolman said in his decision;“I shall make an award of £18,000 in respect of N.  She knew her grandfather for the whole of her young life, was significantly affected by his death, and is more conscious of the deprivation of his company. I shall make an award of £16,000 in respect of E, who was very young at the date of death and was not affected by it at the time to the same degree.  I shall award £14,000 to H.  I accept that he has been deprived of his grandfather’s society and guidance for 15 years. I shall allocate one third of the awards to N and E to the past.  As H is still very young, I see no basis for allocating any part of his award to the past.”

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