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A May 2009 ruling by the House of Lords means that it is now impossible for a no win, no fee solicitor to assist claimants seeking compensation for work accidents involving faulty or defective equipment that has not been provided by their employers.
The Lords hearing the case of Smith (Jean) v Northamptonshire County Council, upheld the appeal of Northamptonshire County Council against an order of Northampton County Court in which damages had been awarded to a care worker who had suffered personal injury after slipping on a wheelchair ramp at the private residence of a council care patient.
The claimant had hoped to receive compensation under the terms of PUWER (Provision and Use of Work Equipment Regulations), with her no win, no fee solicitor arguing that the council had a strict liability to maintain any work equipment provided for the use of an employee.
However, the Lords ruled that because the council had not incorporated care of the ramp into its undertaking, as they neither owned it nor provided it, they had no obligation to maintain it or repair it.
A spokesperson from a no win, no fee solicitor firm told press that the ruling "comes as a massive relief to just about every business and organisation you care to mention.
She added, "It would have had wide ranging implications, and meant employers making extra provision for unforeseen risk."
She also said, "The Law Lords made another, crucial point, saying employers who have no control over equipment that causes an injury should not be liable, even if they have inspected the equipment as part of a risk assessment."
UK leading no win, no fee solicitors
No win, no fee solicitor arrangements (or Conditional Fee Agreements) ensure that you are protected from your solicitor's fees in the event of your case being unsuccessful.
At YouClaim, we take this philosophy a step further: we ensure that, win or lose, you are protected from all possible costs, fees and disbursements (claims involving cases of alleged medical malpractice are the only exception to this cost free service).
In addition, we never take a cut from any settlement, this is known as the YouClaim 100% compensation guarantee.
All our specialists are committed to a clear and professional personal service that is free of legal jargon.
If you would like to speak with an advisor today, simply call one of our team, on 0800 10 757 95, or fill out a call back request.
Our no win, no fee solicitors will strive to ensure you receive the compensation you deserve.
