Disease Blogs Archive

Earlier this year, the Outer House of Scotland’s Court of Session handed down judgment in Gough v Cannons Law Practice [2025] CSOH 28 where the two pursuers sought damages for the loss of a chance to bring novel Aerotoxic Syndrome (“ATS”) claims against their former employers. The cases were brought by former pilots (the pursuers)…

On Thursday 9th October, the Industrial Injuries Advisory Council (IIAC) published an information note concerning motor neurone disease in professional sportspeople.  The rise in neurodegenerative illnesses among high-profile sportspeople over the last decade has drawn increased attention. This blog has previously covered civil claims by professional athletes, while many sporting authorities have implemented rules and…

Philip Turton considers the question: What amounts to damage in personal injury cases? Any cause of action in negligence requires three components to be present before it is perfected: a duty of care, breach and proof of damage. In a personal injury case, the damage is the injury. Without proof of that, the cause of…

Introduction In a number of recent cases in which I have been instructed, I have seen Claimant experts seek to argue that a “blotchy” or “mottled” presentation of the vascular component of Hand Arm Vibration Syndrome (“HAVS”) could lead to a positive diagnosis. In June 2025, this issue came to trial in Middlesbrough before HHJ…

In the recent Judgment of Edwards and ors v 2 Sisters Food Group Limited [2025] EWHC 1312 (KB), Sir Peter Lane considered causation in work-related COVID-19 claims and the courts’ approach to a summary judgment application where further evidence may yet be adduced by the respondent. This Judgment is of significance for anyone dealing with…

Philip Turton adds to his article on URS Corporation Limited v BDW Trading Limited. This article can be read here. Two weeks ago I wrote about the effect of URS Corporation Limited v BDW Trading Limited [2025] UKSC 21 (“URS Corporation”) on claims for contribution in mesothelioma cases. The effect of the decision in the…

On 3rd June 2025 the Industrial Injuries Advisory Council (IIAC) published research undertaken by the Institute of Occupational Medicine (IOM) in relation to selected malignant and non-malignant respiratory diseases (lung cancer and COPD; other respiratory diseases such as asthma and various types of pneumoconiosis were excluded). The research was commissioned in circumstances where the current list…

In Jonathan Bevan v. Ministry of Defence [2025] EWHC 1145 (KB), Mr. Bevan, a soldier, sought damages for alleged negligent exposure to excessive noise during his participation in testing Ajax armoured vehicles with the Household Cavalry Regiment from 2017 to 2020. Although the Defendant conceded a breach of duty, the trial centred on causation. The claim…

Limitation in Living Mesothelioma Contribution Claims History demonstrates that mesothelioma claims uniquely present particular issues which require careful attention.  The nature of the claims throw up tensions unusual in many other types of claim.  In cases of living victims, the Asbestos List requires such cases to progress to trial expeditiously, where possible.  The same consideration,…

It is a common feature of most industrial disease litigation that the relevant events often took place a long time ago. A trial judge determining such cases is frequently faced with limited documentary evidence and with evidence from lay witnesses (some of whom may have died before trial) who have limited recall of historic events…

The High Court Mesothelioma List provides for a swift appraisal of asbestos claims at the first Case Management Conference, where it adopts the “show cause” procedure set out in Practice Direction 49B at 49BPD.6.  At this hearing, the court requires the Defendant to identify the evidence and legal argument which provides it with a real…

On 14 March 2024 the Court of Appeal handed down its judgment in White v Secretary of State for Health and Social Care [2024] EWCA Civ 244. The White appeal was one of two cases, heard together, the other being Cuthbert v Taylor Woodrow Construction Holdings. The issue in each case was that of breach…