In the event of an unfortunate diagnosis of Mesothelioma or Asbestosis diagnosis, expert advice should be sought immediately.  It is important to remember that exposure can occur several decades before symptoms appear.  However, careful consideration will need to be given to how exposure to asbestos fibres occurred.  The most common method is known as primary exposure, working directly with asbestos based products without adequate protection or, alternatively, working in the immediate vicinity of asbestos workers.  This would be the archetypal exposure in the 1960s and 1970s involving employment in Shipyards, Power Stations and Construction sites.   

Although safety procedures and oversight improved considerably thereafter, we have nevertheless encountered later exposure involving workers in the 1980s and 1990s refurbishing older buildings and unexpectedly encountering copious amounts of asbestos used in the original construction process.

Exposure to asbestos fibres can also occur indirectly, known as secondary exposure. For example, this might include a wife washing by hand her husband’s asbestos laden overalls or a child playing with his or her father while he is wearing his work overalls. There are particular rules relating to this type of claim, namely that the secondary exposure must have occurred after October 1965, if the exposure occurred before this date a claim will not be possible.

If an Employer or Employer Liability Insurer cannot be found, limited financial assistance is available from the Government for victims of both Mesothelioma and Asbestosis.

We have successfully been pursuing asbestos related disease claims for over 20 years.  Should you wish to purse an asbestos related disease claim, please do not hesitate to Jonathan Duncan via email to jonathan@worthingtonslaw.co.uk or call 028 91282896.

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Cyclists are classed as vulnerable road users given the limited protection available and therefore, they are more at risk of serious injury in an accident. According to the latest government data, Northern Ireland has seen 2,949 pedal cyclist casualties over the past 10 years, with trends highlighting no significant decrease in these numbers.

Road traffic accidents can be caused by a number of things but some of the most common are:

1. Poor road conditions e.g uneven surfaces or potholes;
2. Vision impairment e.g sunlight, particularly in the summer months;
3. Unsafe driving habits of other road users e.g overtaking to closely to a cyclist;
4. Vehicle occupants opening doors into the path of oncoming cyclists;
5. Loose animals or debris.

Injuries sustained in cycling accidents can range from the very minor to serious and life-changing. If you have been injured in a cycling accident in the last 3 years that was not your fault, you may be entitled to compensation to cover damage to your bike, compensation for personal injuries and financial losses sustained.

Worthingtons Solicitors have acted in a large number of cycling related cases in recent years and can assist from the outset in securing you the best possible outcome.  If you would like to find out more about how our specialist personal injury lawyers could help you, please email katrina@worthingtonslaw.co.uk.

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In April 2024, Mrs N was shopping in a local department store, when she was injured by an unmarked display frame jutting out into the aisle of the shop. The object caused her to lose her balance and resulted in a sharp pain in her right foot as she fell forward. Following the incident, Mrs N had to walk around the store to locate a staff member to assist her.

As a result of the accident, Mrs N attended the local Minor Injuries Unit and was diagnosed with a broken metatarsal on her right foot.  She was discharged home with a  walking boot which she had to wear for eight weeks.  Follow up treatment was provided at the local Fracture Clinic.  Mrs N developed plantar fasciitis which impacted her daily life and driving ability.

The store’s failure to provide a safe shopping environment by adequately signposting the area, and their subsequent failure to provide satisfactory first aid and care, formed the basis of this claim for negligence and breach of statutory duty.

Instructions were received for this claim in the weeks following the incident. Pre-action correspondence was dispatched and medical records were obtained, which allowed for the commission of an expert report in respect of Mrs N’s injuries.

Following service of the medical evidence, the insurance company for the department store initiated settlement negotiations. The case settled in summer 2025 and Mrs N was delighted with the outcome.

Worthingtons Solicitors have extensive experience in handling personal injury cases. If you have had an accident that wasn’t your fault and which has resulted in personal injury in the last 3 years, please contact Katrina Lagan at our Belfast office on 028 9043 4015, or email katrina@worthingtonslaw.co.uk for advice.

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Under the Fatal Accidents (Northern Ireland) Order 1977, spouses, civil partners, and parents of children under 18 who have died as a result of the negligence of another, are entitled to make a claim for such a payment. These damages apply no matter the nature of the fatal accident (e.g medical negligence, personal injury, work accident, road traffic accident or industrial disease), and a claim must be brought within 3 years of the accident, subject to a limited number of exceptions.

The statutory award was last revised in 2022 and while the pending increase is welcome, we acknowledge that this award does not compensate any family for the loss of a loved one. 

If you have lost a close family member as a result of negligence, our dedicated personal injury team can assist you and provide expert advice surrounding a potential action for damages, the statutory damages award, and other heads of compensation including funeral expenses, legal costs, loss of your loved one’s income or pension, and damages for pain and suffering.

If you have any queries and would like further advice on pursuing a personal injury claim, please contact Katrina Lagan on katrina@worthingtonslaw.co.uk or contact 02890 434015.

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The Plaintiff had attended neurology services for the first time in 2015 reporting symptoms including headaches, photosensitivity, dizziness and nausea. It was thought she had a headache condition and she was prescribed a course of nerve block injections which provided only temporary relief.

By June 2016, symptoms had returned and the Plaintiff attended with Dr Watt as a private patient and was diagnosed with spontaneous intracranial hypotension (SIH) which she was advised could be treated by an epidural blood patch. The Plaintiff was referred for the blood patch treatment under the NHS and attended at the Royal Victoria Hospital for the procedure, which involves injecting blood into the spine, in November 2016. The Plaintiff reported pain during the procedure and requested that the procedure be stopped midway through. She was advised to lay prone for a brief period before returning home. The Plaintiff reported headaches following the procedure as well as increasing pain in her right leg.

She instituted a claim against both Dr Watt and the Belfast Health and Social Care Trust.

The Court heard evidence from the Plaintiff and various medical experts at Hearing in April 2024. Ultimately the Court concluded that it was negligent to diagnose the Plaintiff with SIH in June 2016 and highlighted a number of breaches of duty in and about the performance of the epidural blood patch.

There was a debate at Hearing as to the division of responsibility for the failures identified by the Court as and between the Belfast Health and Social Care Trust and Dr Watt in his private capacity. The Court ultimately decided that it was appropriate to apportion liability in a 50:50 basis.

This is the first published judgment relating to cases arising from the 2018 recall of patients treated by Dr Watt. Worthingtons are currently representing a number of former patient of Dr Watt and we welcome the judgment and guidance it will bring in future cases.

If you or someone in your family wishes to enquire about a potential action against Dr Watt or the Belfast Health and Social Care Trust, please contact Claire McDaid on 02890434015 or email claire@worthingtonslaw.co.uk to discuss.

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Put simply, “never events” are largely preventable incidents which occur as a result of a failure to follow and/or implement the published guidance and safety recommendations by healthcare providers. “Never events” are considered a red flag and reflect poor practice and procedure within a Trust.

NHS England recently published “never event” statistics for the year 1 April 2023 to 31 March 2024:

“Never Events” during that period fell into the following categories :

• Wrong site surgery – 179 incidents
• Wrong implant/prosthesis – 37 incidents
• Retained foreign objects post procedure – 81 incidents
• Administration of medication by the wrong route – 20 incidents
• Misplaced naso or oro gastric tubes – 22 incidents
• Overdose of insulin due to abbreviations or incorrect device – 10 incidents
• Overdose of Methotrexate for non-cancer treatment
• Transfusion or transplantation of ABO-incompatible blood components or organs – 10 incidents

Other “never events” recorded during that period were:

• Scalding of patients
• Mis-selection of a strong potassium solution
• Falls from poorly constructed windows

In April and May 2024, 51 “never events” were recorded in England and Wales.

There is no comparable data available in Northern Ireland but the same principles apply – “never events” reflect poorly on the healthcare trust involved and in most incidences will give rise to an action in litigation.

Worthingtons solicitors have a team of dedicated lawyers who specialise in a wide range of clinical negligence matters. If you or someone in your family has sustained an injury as a result of a “never event”, please contact Claire McDaid on 02890434015 email claire@worthingtonslaw.co.uk to discuss.

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Slow payers and overdue invoices can interfere with cash flow which is vital for a thriving business.

There is a statutory framework for businesses to claim compensation for each invoice that is paid late, as provided for in Section 5A of the Late Payment of Commercial Debts (Interest) Act 1998.  The amount of compensation recoverable per invoice is dependent on the amount of the invoice as follows:

As above, this can be claimed in every instance where an invoice is paid late.  This is clearly of assistance to businesses however it is always recommended that you have a comprehensive set of late payment terms on the face of your invoices or within your Terms and Conditions to deter any slow payers.

If your Terms and Conditions are silent on a rate of interest, you may be able to charge the statutory rate of interest being 8% above the Bank of England base rate for business to business transactions.

Should you wish to discuss any queries regarding your business’ Terms and Conditions or recovery needs please contact Petra Wells on 02890434015 or email petra@worthingtonslaw.co.uk

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The JSB Guidelines, more commonly referred to as the ‘Green Book,’ provide guidance to practitioners on the range of damages to be awarded for certain categories of injury.  These are guidelines only and each case still has to be considered on a case specific basis but the Green Book acts as a helpful aid to solicitors and barristers when assessing and advising clients on the value of a case.

The latest edition of the Green Book provides for an increase in the range for the majority of injury categories when compared with the previous edition published over five years ago.

Some of the notable increases in the guidelines are set out below.

• Psychiatric damage: the previous edition did not provide guidance on the range of award for adjustment disorders however the 6^th edition provides for an award of up to £10,000 where full recovery is made within 12 months and up to £20,000 where full recovery is made between 12-24 months.

• The guide range for severe Post Traumatic Stress Disorder is almost double that of previous editions with a range of up to £100,000 – £250,000.

• Clarity has been provided in respect of the guide range for minor neck injuries, such as those sustained following a road traffic accident. The ranges are now defined by the period of time for recovery being up to 6 months, 6 to 12 months and 12 to 24 months.  This should assist practitioners and insurers alike to better value these injuries.   

• Finally, the previous distinction in the level of damages awarded based on gender for particular injuries such as facial disfigurement has been removed. In previous editions, it was suggested that higher awards be made In cases of female facial scarring.

Worthingtons Solicitors deal with a wide range of personal injury matters including but not limited to:

• Road traffic accidents
• Accidents at work
• Public liability injuries
• Medical negligence
• Dental negligence

Worthingtons have a team of dedicated lawyers who specialise in personal injury matters.   If you or someone in your family has sustained an injury as a result of an incident which was not your/their fault, please contact the Litigation Department on 02890434015 or 02891811538 to discuss.

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Under the law of negligence it must be shown that:

1. The proposed Defendant owed the Plaintiff a duty of care;
2. The Defendant breached their duty of care by failing to take reasonable steps to fulfil that duty;
3. The breach of duty was the actual cause of the injury sustained by the Plaintiff;
4. The injury sustained was reasonably foreseeable in the circumstances.

The importance of this principle was highlighted in the lead case of Ward v Tesco Stores Ltd [1976] 1 WLR 810. In this case, the Plaintiff slipped on yoghurt which had been spilled on the floor of the Defendant’s store and the Plaintiff subsequently suffered injury. Evidence was adduced by the Defendant that they had a regular system of cleaning and inspection in place and that all staff received training regarding dealing with spillages as soon as they are detected. However, Tesco provided no evidence in relation to when that particular section of the floor had last been cleaned or inspected.

Where the Plaintiff cannot prove what the accident’s cause was, the court will presume breach 1) if the Defendant was in control of the situation and 2) the accident was not one which normally occurs without carelessness. This is the doctrine of res ipsa loquitur.

In this instance, the Court of Appeal ruled in favour of the Plaintiff and held that this was an appropriate case for res ipsa loquitur because the area was under the Defendant’s control and while it was not known how long the spillage had been there, it was likely that it had been there long enough to be dealt with.

The burden of proof therefore does not lie with the Plaintiff to prove that the Defendant was negligent; it is for the Defendant to prove that they took all reasonable steps to comply with their duty of care.

If you have had a slipping or tripping accident and would like further advice on pursuing a personal injury claim, please contact Katrina Lagan on katrina@worthingtonslaw.co.uk or contact 02890 434015.

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The above are subject to change pending implementation of other sections of the Act which will further extend the notice periods.

As a landlord, if you serve a tenant with a Notice to Quit providing them with the wrong notice period, that Notice to Quit is void and you will have to re-serve a new and valid Notice before being able to commence formal ejectment proceedings to recover your property from the tenant.

If you have served a valid Notice and the tenant has failed to vacate the property, ejectment proceedings can be issued in the County Court.  In those circumstances, we can assist you in writing to the tenant putting them on notice of your intention to commence the process and issue an Ejectment Civil Bill thereafter. An ejectment Civil Bill details the relief that you seek, namely vacant possession of the property together with any rental arrears or damages in respect of damage caused to the property, to be assessed if applicable.

If following service of proceedings and expiration of the timeframe for a response to be lodged, the tenant remains in situ, an application to the Court for a Possession Order can be made at a hearing before a judge. In the event the Order is granted, this is served and if the tenant continues to remain in the premises, you may be required to continue with enforcement proceedings through the Enforcement of Judgements Office.

If you are a landlord and require assistance to evict a tenant, remember to firstly check your landlord insurance for legal costs cover before embarking on ejectment proceedings.

If you have any further queries or would like any further information on how Worthingtons can help you in these circumstances, please contact our office on 028 9043 4015 or email emilyd@worthingtonslaw.co.uk.

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