Tag Archive: claim

Making a Professional Negligence Claim Against A Surveyor

Numerous scenarios can lead to grounds for legal claim of negligence against your surveyor. This particular type of negligence can take place in many different forms.

Essentially, surveyors are professionals who offer advice and services in relation to the building or valuation of both residential and commercial property.

Surveyor negligence can often be quite complicated as it encompasses such as large industry; as surveyors are linked to the construction industry, the claims in question can sometimes also include other professionals such as architects, engineers, planning officers, project managers, builders and more. The cases often also incorporate elements of property and planning law, which is why it is so important to make sure you use good, professional negligence lawyers if you think you have a case of surveyor negligence.

Experienced lawyers will be able to look at your case in more detail in order to decide on the best way to proceed with it. As well as negligence, you might find it also involves property lawyers or lawyers who are experts in planning laws, depending on the exact nature of the claim and the various professionals involved. The first task of your lawyers will be to look at all of the relevant evidence and see whether you do have a case of surveyor negligence.

If they decide that you have a valid claim, investigations will start into what happened and expert advice might be sort, depending on the case and whether further information is required. Your lawyers will also inform the surveyor and any other professionals in question about the claim being bought against them as they have to be given a chance to respond and conduct their own investigations, as well as seeking legal advice.

Depending on your particular case, you might find it is relatively simple to settle or that it is more complex and might end up in court. This can sometimes happen has surveyor negligence can include quite a few different things and so making a professional negligence claim can be complicated. For instance, you might be able to bring a claim against a surveyor for providing defective surveys or plans that were misleading, producing poor certificates or inadequate designs, undervaluing the cost of work or failing to consider environmental issues that might affect a project.

As it isn’t always perfectly clear whether a surveyor’s action counts as negligence, it is important that the process of the claim is carried out properly to make sure they have adequate chance to make their own case and provide evidence to back up their actions. If they fail to do this, it makes your chances of a successful conclusion to your professional negligence claim more likely.

Can I Claim Compensation For Work Related Neck Pain

Neck pain effects up to 50% of people at some point during their working lives, and disproportionately more women than men. Office working conditions are to blame for neck pain becoming increasingly prevalent among young people in their 20’s and 30’s. Office jobs often involve long sedentary hours in front of a computer screen or workbench, with insufficient breaks and stressful working conditions. This combination of factors means that muscles in the neck are kept in a constant state of tension, while the spine does not maintain its natural curve, causing further strain on the upper body. Workstation ergonomics are of critical importance in preventing neck pain, including the position of a computer monitor, the height of an office chair, and the type of mouse being used. Neck pain may also be symptomatic of an underlying condition such as osteoarthritis or a herniated vertebral disk putting pressure on nerve roots. It is essential that employers carry our risk assessments of working conditions, and make the necessary changes accordingly. Arthritis for example is an irreversible condition which may cause long-term pain, suffering and immobility.

The other major causes of neck pain at work are heavy or repetitive lifting, and similar tasks such as carrying, pushing and pulling. The Manual Handling Operations Regulations 1992 state that work of this kind should be avoided and mechanised wherever possible. When unavoidable, individual lifting tasks must be comprehensively risk assessed. There are also detailed legal requirements regarding the maximum weights that can be lifted and carried at various distances from the body. Neck pain may develop instantaneously if a muscle is torn in the neck or shoulder, or else may be caused by a gradual degeneration of the body’s soft tissues over time. Neck pain may also result from a fall from height, or a simple slip, trip or fall. Often a fall will have a similar effect to whiplash from a car accident, causing a sudden jerk which strains muscles, tendons and ligaments in the neck. This can result in conditions such as chronic neck pain and torticollis (twisted neck).

It is essential that neck pain at work is addressed immediately due to the variety and potential severity of the underlying injuries which may be causing it. In the most severe cases a fractured vertebrae may damage the spinal cord, and lead to complete loss of movement and sensation in the body below the neck (quadriplegia). Compensation for neck pain and associated injuries depends much on an injured person’s recovery time and the long-term effects it has on their life. Damages will reflect pain and suffering, as well as all the financial expenses that result from the injury, including loss of earnings and medical costs. Where neck pain is the direct result of an injury sustained in the workplace, it will necessary to prove that the employer was negligent (most likely due to their failure to adhere to health and safety regulations), and this negligence created circumstances in which an injury was reasonably foreseeable. Those suffering from neck pain caused by working conditions should contact a specialist firm of solicitors for advice on how best to proceed. Solicitors normally offer a free confidential consultation, as well as no win no fee representation in claims for compensation from employers.

When an Et1 Arrives Preparing to Defend an Employment Tribunal Claim

Unless you’re a solicitor, the arrival of an ET1 (tribunal claim) does tend to cast a gloom over the morning …

Employment tribunal claims have risen considerably in recent years. In the current climate contractual variations and redundancy dismissals are commonplace; as I write this another high profile example has emerged. I have just read on the BBC website that Hewlett-Packard have decided to replace Leo Apotheker with Meg Whitman. There probably won’t be an employment tribunal claim in this case – but you never know!

While much of the work of my team is to ensure that employers manage properly, so as to optimise employee output and reduce risk, you can never say never. Tribunal claims can arise at any time and it pays to be prepared. These are some of the tips that we cover in our ET1-Tribunal workshop.

Only about 20% of cases go to trial. The great majority are settled or withdrawn. In the 14 years we have been operating we have only had three cases where clients have taken our advice and still gone to tribunal. We have won each case. However, it costs around 8,000 to win … we have had far more cases where employers have not taken our advice or where people have come to us so late in the day that we’re into damage limitation and we have managed those. Most we have settled. The more knowledgeable and aware of tactics you are in the time period after the ET1 arrives the more likely you are to fight your corner well. From ET1-Tribunal gives you practical, tactical tips. The next workshop is 13th October.

You are free to copy and distribute this Article provided you agree with the terms and conditions of specific web site and/or Article-website-Publisher Guidelines whereby the original author’s information and copyright must be included. The author is Kate Russell of Russell HR Consulting Ltd.

Russell HR Consulting provides expert knowledge in the practical application of employment law as well as providing employment law training and HR support services. For more information, visit our website at or call a member of the team on 0845 644 8955.

Russell HR Consulting offers HR services to businesses nationwide, including Buckinghamshire (covering Aylesbury, High Wycombe, Milton Keynes, Bedford, Banbury, Northampton, Towcester and surrounding areas), Nottinghamshire (covering Chesterfield, Mansfield, Nottingham, Sheffield, Worksop and surrounding areas) and Hampshire (covering Aldershot, Basingstoke, Reading, Farnborough, Fareham, Portsmouth, Southampton and surrounding areas).