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William Johnstone -v- Ministry of Defence

Ian Bailey brought a claim on behalf of Mr Johnstone for damages relating to an industrial condition known as hand arm vibration syndrome "HAVS".

Mr Johnstone developed HAVS during the course of his employment with the Ministry of Defence during the period 1986-2000, whilst working as a painter and finisher. Part of his employment involved the use of air compressed powered vibratory tools that consisted of sanders, angle grinders and nail guns.

Despite complaining of symptoms of tingling and numbness in his hands to the RAF clinicians from 1998 onwards his employer did nothing to ease his symptoms or investigate the problem further by referring him to a HAVS specialist. No action was taken either to minimise his exposure to such tools or to carry out a specialist assessment to establish the level of vibration he was being exposed to during the course of carrying out his work duties.

Although there appeared to be strong evidence of the Defendant's likely breach of health and safety legislation, the MOD denied responsibility.

However, the main problem with the case was that Mr Johnstone had been complaining of symptoms for a number of years. This led the MOD to defend the claim on the basis that the claim had been brought out of time.

Only a matter of days before trial, liability was conceded and, after hearing persuasive evidence on the reasons for the Claimant's delay, the objection to the claim on the basis that it was time-barred, was dropped by the MOD.

The claim settled shortly before trial for £38,000.00.

For further information please contact Ian Bailey.

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