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Thursday, February 23rd

News

Worthingtons' Belfast Has Moved

From Friday 30th September Worthingtons' Belfast office will be located at 24-38 Gordon Street Belfast, BT1 2LG.

'Although we are sad to be leaving such a landmark building in Oxford Street, we had grown to such an extent, that we simply ran out of space. We are looking forward to the move to Gordon Street on 30th September, as the new premises have much more space for both clients' and staff, with three downstairs meeting rooms, free WiFi in the reception area and onsite parking. There is a real buzz about the Cathedral Quarter area and Worthingtons are delighted to be moving in! As always, we are grateful to our clients and superb staff for their loyalty and continued support.'

Huw Worthington, Senior Partner

Legislation Re-Opens Door for Plural Plaques Sufferers

After years of uncertainty for pleural plaques sufferers, they will once again be able to pursue compensation for their asbestos related inuries. The NI Finance Minister Sammy Wilson has confirmed that new legislation, the Damages [Asbestos-related Conditions] Act [Northern Ireland] 2011 would become effective from 14th December 2011. This legislation reverses a House of Lords decision in 2007 in Johnston v NEI International Combustion Ltd [The Rothwell Decision], which ruled that symptomless pleural plaques were not an actionable injury as such and therefore not compensatable.

Similar legislation in Scotland was the subject of a long-running challenge initiated by Insurers, which was listed before the UK Supreme Court in June 2011. On 12th October this year, the Supreme Court rejected the insurers' claims that the legislation was outside the competence of the Scottish Parliament.

"The challenge to the corresponding legislation in Scotland cast a long shadow and I fought hard to get the Northern Ireland legislation through the assembly and submitted for royal assent," Mr Wilson said. "However, I always believed that the policy objectives of the act were just and fair and that belief has now been vindicated by the ruling of the UK Supreme Court in relation to the Scottish legislation… The 2011 act may be short and targeted, but it is a vitally important act, which seeks to ensure the continued availability of a method of redress for ordinary working men and women."

Pleural Plaques claims that have been on hold since 2006 should now be capable of pursuit and Worthingtons are delighted that the new legislation will allow those men who embarked on claims prior to the Rothwell decision to finally secure compensation. Similarly anyone who has been diagnosed with plaques since 2006 should also be entitled to pursue compensation and should contact Jon Duncan or Nikki McConnell at Worthingtons Solicitors 028 9181 1538 and they will be happy to advise on how best to secure compensation for pleural plaques, pleural thickening or indeed any other asbestos related injury such as asbestosis or mesothelioma.

Victory for country sports enthusiast as Judge quashes Minister's decision to uphold revocation of his firearms licence.

Worthingtons recently acted for a firearms owner whose certificate was revoked by the PSNI after they had discovered that he had temporarily stored his guns at his father’s home address. His father also is a firearms owner and has had the benefit of a firearms certificate in excess of 50 years. Both the client and his father had approved gun cabinets in their homes to allow for storage of their firearms. However, the client was concerned about the fact that his home would be vacant whilst he and his wife went on holiday on one occasion, and he chose in the interests of safety to relocate his guns to his father’s gun cabinet. He was only too aware of recent thefts involving firearms and he did not want to become a victim and for the guns to come into the wrong hands.

However, PSNI revoked his licence as they considered that by relocating his guns even on a temporary basis and even in the interests of security, the client had breached the conditions of his certificate by allowing an unauthorised person [ie his father] temporary access to them.

Worthingtons assisted the client in appealing the decision to the Department of Justice. However, the Minister refused his appeal at first instance.

We considered that there were grounds to apply for a Judicial Review of the Minister’s decision and we assisted the client in making this application to the Court. The case was ultimately heard by Mr Justice Treacy QC, and ruling on the application for Judicial Review, he overturned the Minister’s decision to refuse the client’s appeal, on the basis that the Minister had failed to afford the client proper opportunity to make representations in relation to the case against him. In particular, it had transpired during the course of the full hearing that the PSNI had sent a letter to the Department of Justice in the course of the client’s appeal to the Minister, stating that they suspected that the client had permanently stored his guns in his father’s house.

This letter was not disclosed during the currency of the appeal, and therefore the Judge concluded that the client was not fully aware of the case that he had to meet. Ultimately, Justice Treacy ruled that the Minister’s decision was procedurally unfair and the Department of Justice was also ordered to pay the client’s legal costs.

Both the client and Worthingtons are delighted by the result. Whilst ownership of firearms is of course a very serious matter, the Courts in this case have re-emphasised that the relevant authority, be that the PSNI or the local Minister, must exercise their regulatory powers in a manner which is legal, rational and fair.

Read the full judgment here.

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