FOIL Update – Edwards

Update

25th Nov 2019

Causation, CPR & Courts, Damages, Injury, Loss of opportunity, Services Claim, VWF

  • FOIL
  • FOIL Ireland
  • FOIL select
  • London FOIL

The deceased had brought a claim for compensation for Vibration White Finger (“VWF”) under a scheme set up by the Department of Trade and Industry in 1999. The scheme was administered pursuant to a Claims Handling Arrangement (“the CHA”) dated 22 January 1999 and made between the DTI and a group of solicitors’ firms representing claimant miners suffering from VWF. The central objective of the CHA was to enable very large numbers of similar claims to be presented, examined and resolved expeditiously. The scheme provided for compensation to be paid for pain, suffering and loss of amenity (“General Damages”), and for handicap on the labour market and other financial losses (“Special Damages”) including past and/or future loss of earnings. Pursuant to a Services Agreement dated 9 May 2000 the special damages could include a services award for qualifying miners in respect of the need for assistance in performing domestic tasks.

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