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Case Notes

/Case Notes

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 [...]

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

By |April 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 |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 [...]

Supermarket Mental Patient!

By |September 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 |September 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 [...]

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 [...]

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 [...]