His Honour Judge Main QC on 11th May 2017 handed down judgement in this case at Manchester County Court. David Sandiford, instructed by Irwin Mitchell, appeared for the Claimant; Charles Feeney, instructed by Keoghs, appeared for the Defendant. At approximately 12.10 pm on 24th December 2013 Ms. Chloe Wheatcroft, the then 14-year old Claimant, was […]
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 […]
Facts: On 11thNovember 2010 the claimant, Mr PD, underwent a laparoscopic subtotal colectomy and end ileostomy, which involved removal of the colon and diversion of the small bowel to an opening in the stomach. Following the procedure it emerged that the claimant had suffered an intraperitoneal haemorrhage to the bowel during the first surgery, and […]
The Court of Appeal have dismissed the Defendant’s appeal against the judgement of His Honour Judge Raynor QC awarding the Claimant 70% of damages on a full liability basis. We previously discussed the implications of the first instance judgment in McGeer v McIntosh: Paving a safer way for cyclists? The appeal sought to challenge the […]
Reaney – the yet to be resolved questions The case of Christine Reaney v. University Hospital of North Staffordshire NHS Trust (1) and Mid Staffordshire NHS Foundation Trust (2)[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” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][1] has now compromised […]
Introduction We recently voiced questioned the use of the maxim ‘de minimis’ when proving causation in multi-exposure industrial disease claims (see here)[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” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][1]. It was suggested that in these types of claims the […]
This article originally appeared on the PI Brief Update website In cases where an employee is exposed to asbestos, a claim may be brought under the common law as well as pursuant to duties owed by the employer under various regulations and legislation. One example of such legislation is s.63 (1) Factories Act 1961, which […]
Synopsis The Claimant employee was exposed to asbestos dust during the course of his employment over 50 years ago. This judgement sheds light on the importance of selecting the correct expert and the need for sound methodology to analyse the possible extent of asbestos exposure when proving causation in industrial disease cases. The Claimant was […]
Factual background and the court’s judgement Download judgement PDF A claim was brought against the Defendant hospital after the Claimant, Ms Baggaley, was mistakenly led to believe that she might be suffering from cancer. The Claimant argued that this belief had caused her severe depression as well as Chronic Fatigue Syndrome (“CFS”). The Claimant approached […]
Solicitors v barristers – the great ‘fusion’ debate A conversation is taking place over lunch between a barrister and his wife’s friend, visiting from Italy. “You mean the person who serves the coffee?” scoffs the Italian with surprise. “No. A barrisTER!’ is the retort. “Well how is that different to a lawyer?” This is an […]