WRULD Claims heard in Courts in England, Scotland and Wales

Hearing(s) - Broxup - v - Simpson Duxbury

Date	Court	Claimant(s)	Task	Injury	Judgment for
24 Jan 2001	Leeds County	Broxup	DSE use: audio typing	Radial Tunnel Syndrome	Claimant

June Broxup sought damages for an upper limb injury allegedly caused by her work as a Legal Secretary/Typist. However, this is another case in which it is unclear from the Judgment what was originally pleaded with respect to the precise nature of the Claimant's 'injury'. The Claimant was described by the Defendant's medical expert as a malingerer. The Claimant's medical expert suggested a variety of diagnostic labels including distal Radial Tunnel Syndrome, which HH Judge Lightfoot accepted she had established, on the balance of probabilities.

HH Judge Lightfoot goes on to consider whether this condition was caused by the defendant's negligence or breach of statutory duty, and says:

It is perfectly clear, from the evidence I have heard, that the defendants failed to heed or put into effect the Health and Safety Display Screen Equipment Regulations of 1992.

and:

.... in some ways you could call this a classic case for illustrating why these Regulations are required and why they have to be enforced.

and:

... I am satisfied that she suffered her injury by reason of the workload that she had and by the failure of the defendants to conform with the 1992 Regulations and indeed by their negligence.

It is unclear from the Judgment whether the Defendant was found to be in breach of other than Regulation 4 for of the DSE Regulations.

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Last updated: 27/03/2014