Contractors may face flood of hand arm vibration claims

Contractors are bracing themselves for a possible flood of claims from current and former employees suffering from Hand Arm Vibration (HAV) syndrome following a new House of Lords decision.

The Law Lords have upheld an Appeal Court decision made last November in which time limits governing the length of time people suffering from HAV syndrome can launch legal action against those they blame for their condition were extended. The case in question is that of 57-year old Ian Kew, who claims he is suffering from the condition.

The Appeal Court in turn had backed an earlier county court ruling, which hinged on the actual point at which Kew became aware of his condition.

The decision to extend the normal time limits governing when legal action has to be launched by was challenged by Bettamix, Tarmac Roadstone, Situsec Contractors, Tarmac Contractors and FM Conway.

They has all sought permission to appeal to the House of Lords against the earlier rulings. But now, the House of Lords has refused permission for them to appeal without giving its reasons.

In the papers announcing their ruling the Law Lords indicate that their decision could open a floodgate of similar claims, which had previously been considered blocked by the time limitations.

The Law Lords say that companies "face a considerable number of other similar claims", which have been awaiting the outcome of this case. They add: "Other claims against other parties are also likely given the nature of the injury."

Ian Kew issued his claim for compensation in April 2000 after working as an asphalter for 28 years. Kew first became aware that he might suffer from HAV following a routine health check in March 2000. His condition was later confirmed.

His employer and former employers argued that his claim was too late. But now the courts have ruled that given the circumstances he was entitled to have the normal period for issuing proceedings extended.