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22 January 2020 / Stephanie Trotter
Issue: 7871 / Categories: Features , Health & safety
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CO: the hidden dangers

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Carbon monoxide leakage poses serious, even lethal, risks yet there are many obstacles to bringing a legal claim, Stephanie Trotter warns
  • Outlines the obstacles to bringing a claim: proving CO poisoning can be difficult.
  • CO kills yet basic Health and Safety Commission recommendations have not been implemented.
  • About three million people, or even more in the UK could be being exposed to carbon monoxide now.

In poisoning cases, evidence of poisoning, causation and expert medical evidence are usually extremely difficult. The gas cannot be smelled, tasted, seen or touched but less than 2% of CO in the air can kill in one to three minutes. Exposure, often from faulty heating and cooking appliances, can also cause brain damage or make people very ill.

Firemen when talking about CO in smoke (which you can smell) say it takes only three breaths, the first you don’t know there’s a problem, the second you might suspect there’s something wrong but by the third you are incapable of action. Landlords are usually worth suing. However, although most Registered Gas Engineers have public liability insurance,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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