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Industrial Disease

//Industrial Disease

BUSSEY v. ANGLIA HEATING – Withstanding the broadsides?

By |May 16th, 2017|Case Notes, Industrial Disease|

His Honour Judge Yelton on 12th May 2017 handed down judgment in this case.  The action was a fatal mesothelioma claim.  The deceased, Mr Bussey, was employed by the Defendants as a plumber carrying out predominantly domestic work in the period 1965 to 1968.  In particular, Mr Bussey worked on the installation of new boilers [...]

Zurich Insurance v IEG [2015] UKSC 33

By |June 5th, 2015|Case Notes, Industrial Disease|

Case Background IEG is a solvent Guernsey company, a supplier of gas to the Channel Islands and a subsidiary of a global utilities, transport, energy and timber company quoted on the New York Stock Exchange. IEG is the successor in title of Guernsey Gas Light Co Ltd (“GGLCL”), which for a period of over 27 [...]

McDonald v National Grid Electricity Transmission [2014] UKSC 53

By |November 3rd, 2014|Case Notes, Industrial Disease|

Case Background This was an appeal by the appellant Defendants against the decision of the Court of Appeal in which they held that the Defendants were liable for breach of statutory duty under Asbestos Industry Regulations 1931 regulation 2(a). The respondent Claimant cross appealed against the decision that the Defendants were not in breach of [...]

Macarthy v Marks & Spencer [2014] EWHC 3183 (QB)

By |October 8th, 2014|Case Notes, Industrial Disease|

Case Background Mr Heward died of mesothelioma aged 61. Mr Heward started working for this father’s company aged 16 as a trainee draughtsman and subsequently rose to the position of Managing Director in 1981 upon his father’s death. D H Allan & Sons (the third party) undertook shop fittings and were responsible for maintenance of [...]

Dowdall v William Kenyon & Sons [2014] EWHC 2822 (QB)

By |August 29th, 2014|Case Notes, Industrial Disease|

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 [...]

McGregor v Genco Ltd- identifying the issue and then the risk

By |May 12th, 2014|Case Notes, Industrial Disease|

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 [...]

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 [...]

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 [...]