Case Notes

/Case Notes

McDonald v National Grid Electricity Transmission [2014] UKSC 53

By |2019-05-02T11:46:55+01:00November 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 |2019-05-02T11:46:55+01:00October 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 |2019-05-02T11:46:55+01:00August 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 |2019-05-02T11:46:55+01:00May 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 [...]

Explaining the unexplainable? Shovelton v Central Manchester University Hospital NHS Foundation Trust & PE v Royal Liverpool University Hospital

By |2019-05-02T11:46:56+01:00April 28th, 2014|Case Notes, Clinical Negligence|

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 [...]

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

By |2019-05-02T11:46:56+01:00January 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 |2016-05-12T16:44:18+01:00November 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 |2019-05-02T11:46:57+01:00October 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 [...]

Supermarket Mental Patient!

By |2019-05-02T11:46:57+01:00September 26th, 2013|Case Notes, Employment|

Case Background Today’s press coverage of a well known supermarket selling a costume of a blood soaked mad man and labelling it a "mental patient" is a good example of the difficulties businesses face when dealing with mental health. Mental health problems still carry stigma and businesses find it increasingly difficult to know how to [...]

Mrs Harrison v St Helens Borough Council

By |2019-05-02T11:46:58+01:00September 24th, 2013|Case Notes, Employment|

Case Background The Claimant was employed as a Curriculum and Support Manager in the 14-19 team of the Children and Young People’s services department (CYPS). She commenced a period of maternity leave and was still on maternity leave when she was dismissed the following year. Whilst the Claimant was on maternity leave the Respondent re-structured [...]