Law firm Ricksons said it has won several vibration white finger (VWF) cases, which it said could impact on future claims.
It said the wins set a legal precedent in conditional fee arrangements and a landmark judgement in relation to costs in December 2003.
Ricksons partner Helen Lawson, said: “On 17 February the Court of Appeal recognised that Rugby Joinery was not liable for a number of VWF claims because it was not expected to be aware of and react to this condition until 1991/92.
“This finding has major positive implications for defendants and Insurers. Prior to our success on this issue, defendants were generally expected by the Court to have recognised and reacted to cases of VWF by 1976, “the date of knowledge”.
“Although the Judge at first instance had held that the defendants were not liable because they were in the woodworking industry, which had traditionally not been associated with VWF, the Court of Appeal were keen to emphasise that the ratio of their decision could apply to any employer who did not have an obvious reason to be aware of VWF. The Court held that there had to be a “trigger” for action.
“The date of knowledge in 1976 was based on the experience and problems of national employers engaged in activities well known to be associated with VWF.
The Court of Appeal has now made it clear that a much later date of knowledge can apply to medium size and small employers who have no actual awareness of the condition.
“The case was a difficult one for the defendants because it involved complex factual and legal issues. It was necessary to persuade the Court of Appeal to, in effect, reverse a trend of established authorities.
