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charlesfeeny

/Charles Feeny

About Charles Feeny

Charles undertakes work in the areas of clinical negligence, industrial disease, personal injury & health, safety and regulatory work. If you would like to contact Charles please email: charles.feeny@completecounsel.co.uk

You have been Mitchelled? (Part 2) 7 Pillars of Wisdom

By |March 17th, 2014|Articles|

In this article we seek to address the possible ways that litigants can avoid being Mitchelled. To date, we have identified 7 possible ways this can achieved which, with a little irony, we have called the seven pillars of wisdom (‘Wisdom hath builded her house, she hath hewn out her seven pillars’ (Proverbs 9:1), subsequently [...]

You have been Mitchelled? (Part 1)

By |March 3rd, 2014|Articles|

The origin of the word “pleb” is ancient and therefore understandably obscure. The distinction between plebs and patrician seems to go back to the earliest days of the Roman Republic. By the time of the late Republic, the distinction was arcane and Plebeians had risen to important and influential positions in Roman society. Such seminal [...]

Amaca Pty Ltd v Ellis [2010] HCA 5- The synergistic relationship between tobacco and asbestos

By |January 14th, 2014|Case Notes, Industrial Disease|

Case Background In this note Charles Feeny and Professor Damien McElvenny of the Institute of Occupational Medicine discuss the legal and epidemiological reasoning behind synergy. The synergistic relationship between tobacco and asbestos was considered in the Australian case of Amaca Pty Ltd v Ellis [2010] HCA 5. The plaintiff was the executrix of her husband, Mr Cotton, [...]

Breach of duty in historic hearing loss cases – adverse inferences

By |November 18th, 2013|Case Notes, Industrial Disease|

Case Background Keefe -v- Isle of Man Steam Packet Company Limited [2010] EWCA Civ 683 Shawe-Lincoln -v- Dr. Arul Chezhayan Neelakandan [2012] EWHC 1150 (QB) Heavey -v- TMD Friction Limited, Wakefield County Court, 25th October 2012, HHJ Cockcroft, Lawtel report 14 November 2013. Contributor Comments All of these cases concern the difficulties faced by Claimants in proving [...]

Alison West (Widow and Administratrix of the Estate of Keith West, Deceased) v Wirral Metropolitan Borough Council

By |October 15th, 2013|Case Notes, Industrial Disease|

Case Background The Claimant brought an action alleging that the Deceased was exposed to asbestos, which subsequently led to the development of mesothelioma, while in employment at a school run by the Defendant between 1993 and 1997. Previously, the Deceased had worked as a mechanist involved in cutting asbestos sheets on a cross bench saw [...]

Billingham v (1) John Barnsley and Sons (2) Lloyds British Inspection Services Ltd. (3) Vaughan Brothers (Drop Forgings) Ltd. (2013): A legal and scientific commentary

By |September 24th, 2013|Case Notes|

Case Background The executrix in this action brought a claim for personal injury on behalf of the deceased (Mr Billingham). Mr Billingham contracted mesothelioma as a result of asbestos exposure while at work and died. Mr Billingham was employed by Lloyds British Inspection Services Ltd., a company that specialised in testing the strength of industrial [...]

The Dust Settles? Fairchild to Williams (2013) 21 Tort L Rev 87

By |September 2nd, 2013|Articles|

Charles Feeny was recently published in the Tort Law Review. In his article Charles comments on the Supreme Court decision in Sienkiewicz v Grief UK Limited [2011] UKSC 11 and the Court of Appeal decision in Williams v University of Birmingham [2011] EWCA Civ 1242, and in doing explores the concepts of material increase in risk and the de [...]

Young Austen & Young Limited v Bucon Heating & Ventilation Limited

By |September 1st, 2013|Case Notes, Industrial Disease|

The claimant in this case made a claim pursuant to the Civil Liability (Contribution) Act 1978 and Section 3 of the Compensation Act 2006 for indemnity against or contribution in respect out their outlay in prior proceedings. In earlier proceedings, the claimant was among a number of defendants in an action for personal injury arising [...]

Singh v Sheffield Teaching Hospitals NHS Trust

By |September 1st, 2013|Case Notes, Personal Injury|

The Claimant was employed as a specialist registrar on the Yorkshire & Humbar obstetrics and gynaecology training programme. As part of the position it was necessary to rotate between different hospitals; this entailed a degree of travelling. Prior to joining the respective NHS Trust the Claimant suffered with pain in his cervical spine. The pain [...]

Penelope Garner v (1) Salford City Council (2) P McGuiness & Co Ltd. (2013)

By |August 25th, 2013|Case Notes, Industrial Disease|

Miss Garner contracted mesothelioma as a result of asbestos exposure. It was alleged that the exposure came from the demolition of some swimming baths adjacent to her school as a child. The claimant, and other former pupils of the school, provided evidence that dust from the demolition spread into the school playground and that they [...]