You are here

Ian Kew v (1) Bettamix Ltd (Formerly Tarmac Roadstone Southern Ltd) (2) Tarmac Roadstone Ltd (3) Situsec Contractors Ltd (4) Tarmac Contractors Ltd (5) FM Conway [2006] EWCA Civ 1535

On the facts, time had started to run for limitation purposes when the employee’s doctor concluded that there was a real possibility that his working conditions had caused his hand-arm vibration syndrome, as that would have put the reasonable man on notice to investigate the link further. However, it had been open to the judge on the evidence to disapply the primary limitation period

24 November 2006

The appellant employers (B) appealed against a decision to disapply the primary limitation period and allow the action pursued by the respondent (K) to proceed. K had claimed against B in respect of his exposure to vibrating equipment during his employment with them. In the early 1990s, K had experienced numbness in his fingers, but attributed it to his age. By the late 1990s, K appreciated that his age might not have been the only cause. Following a routine occupational health care assessment in March 2000, K’s doctor informed him that his symptoms might be attributable to exposure to vibration at work and, in July 2000, it was confirmed that K was suffering from hand-arm vibration syndrome. The doctor recommended an annual review and intimated that recommendation to B. K was not subsequently called for a review. K issued proceedings in April 2004. At a preliminary issues hearing the judge identified July 2000 as being the relevant date of knowledge for the purposes of s 11 of th...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.