Dallas McMillan's Glasgow Lawyers' Blog

Two men colluded with each other to commit fraud by falsifying a record stating that a school in Abingdon had been properly cleaned of asbestos.

The "unusual fraud" was confirmed by detective work by one of the men’s employers using GPS tracking technology on the employee’s company van, which proved he had not attended the school when he claimed he had.

The deception by the two men was uncovered after an engineer went to the school to start plumbing work but could see that asbestos material had been left, putting him and others at risk of exposure to dangerous fibres.

He reported it to the Health and Safety Executive (HSE), which investigated and brought a prosecution against both men.

After the hearing, HSE Inspector Andrew Moore said:

"HSE takes exposure to asbestos very seriously. Currently 4,000 people die every year from asbestos-related disease and the onset of these debilitating diseases can occur many years after exposure. That is why there are clear rules and regulations governing its removal and site decontamination, and that is why HSE will prosecute those who flout the legislation."

The Department of Transport has published statistics on personal injury accidents in the year ending March 2012 on public roads (including footways) in Great Britain.

The statistics show that:

A Cheltenham contractor and a retailer have been prosecuted after a construction worker was exposed to asbestos during a refurbishment project.

The Government has launched a consultation on methodology to be used by the Lord Chancellor and his counterparts in Scotland and Northern Ireland in independently setting the discount rate for personal injury damages in their respective jurisdictions.

The Royal Society for the Prevention of Accidents (RoSPA) in Scotland has welcomed a reduction in the number of people killed or seriously injured at safety camera sites following camera enforcement, but is concerned that some drivers are still not heeding the safety messages at 40-, 50- and 60mph locations.

Britain's dock workers could be left without the specialist safety protection they need if plans to water-down safety regulations go ahead.

The Association of Personal Injury Lawyers (APIL) says proposals by the Health and Safety Executive (HSE) to axe safety rules specific to dockyards could have “tragic consequences”.

“Five times more dock workers die than the national average for workplace deaths so the last thing the port industry needs is weaker safety measures,” said APIL president Karl Tonks.

Under the plans, regulations which are specific to docks, such as those ensuring ladders are in place as a means of escape if workers fall into the water, will be scrapped and replaced with guidance.

“Guidance isn't compulsory, and an industry as dangerous as this needs robust rules to protect its workers,” said Karl.

The European Commission has launched a public consultation to help victims of cross-border traffic accidents, who may currently face difficulties because of varying time limits for claiming compensation for damage in case of an accident abroad in the EU. The consultation will run until 19th November.

Vice-President Viviane Reding, the EU's Justice Commissioner said: "There are around one million road traffic accidents in the EU every year and some of these inevitably involve visitors from other EU countries. A road accident is a stressful experience for anyone, but it can get even worse if the victim is denied compensation due to complicated rules on bringing a claim.

“The European Commission wants to find out more so that we can offer effective solutions and make sure all victims have proper access to justice. European Citizens should feel at ease when using their car to go on holiday in another EU country."

Currently, different national rules lead to a confusing situation for victims, who may miss the sometimes short deadlines and end up receiving no compensation at all. The aim of the consultation is to get a better idea of the scale of the problem and to assess potential solutions.

Possible solutions that are addressed in the public consultation range from improving information to victims of cross-border road accidents, to harmonising limitation and prescription periods (the time limits for bringing legal action for damages following an accident).

The consultation is aimed at road traffic accident victims, all those who travel abroad with their car, legal practitioners, insurers and any other interested individual or organisation.

A firm, its director and a supervisor have been sentenced for safety failings after a worker died from injuries sustained in a fall from scaffolding at a construction site in East Sussex.

Brake, the road safety charity, has welcomed the announcement by Justice Secretary Kenny MacAskill that proposals to lower the limit from 80mg of alcohol per 100ml of blood to 50mg will be brought forward later this year.