WRULD Claims heard in Courts in England, Scotland and Wales

Hearing(s) - Kirk - v - Milton Keynes County Council

Date	Court	Claimant(s)	Task	Injury	Judgment for
29 Jan 2001	Milton Keynes County	Kirk	DSE use: secretarial word processing	Subacromial Bursitis, Ulnar Neuritis & Carpal Tunnel Syndrome	Claimant

It this case the Claimant sought damages for Subacromial Bursitis, Ulnar Neuritis and Carpal Tunnel Syndrome allegedly caused by her work as a Secretary. It is clear from the Judgment of HH Judge Serota that it was common ground that the Claimant had the three conditions of which she complained, the primary issue being that of causation.

In this lengthy Judgment HH Judge Serota observed:

.... in this particular case, there is no suggestion that the injuries suffered by the Claimant are psycho-social.

and concluded:

While I accept that there is little medical literature to support the claimant's case, I accept ...... that in this particular case the unsatisfactory posture did cause the claimant's injuries.

HH Judge Serota went on to find the Defendant negligent.

V2.01

Last updated: 26/03/2014