Case Background John Dowdall had been exposed to asbestos through a greater part of his working life. In June 1998 he was diagnosed as suffering from asbestosis and pleural plaques and later that year started legal proceedings against seven of his former employers (the first action). At the time of the first action the only […]
Case Background The claimant, aged 58, developed mesothelioma and at the time of trial her prognosis was poor. The claimant’s symptoms first appeared around May 2012 and the diagnosis was confirmed in August 2012. The claimant alleged that her illness was caused by exposure to dust which was the result of escalator construction work taking […]
Case Background Shovelton v Central Manchester University Hospital NHS Foundation Trust In November 2007 the Claimant underwent a carotid endarterectomy intended to lessen the risk of suffering a stroke. Unfortunately, while the operation was a success in that the Claimant avoided having a stroke, the Claimant suffered complications from the surgery. The Claimant was left […]
This table contains the cases decided post-Mitchell and arranges them according to subject matter and whether the decision of the court is considered strict to Mitchell or not. Where appropriate a short comment will be included but the primary focus of the table is to provide an accessible means of matching cases to the subject […]
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 […]
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 […]
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 [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” […]
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 […]
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 […]
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 […]