Disease Blogs Archive

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…

On 17 July 2023, the Industrial Injuries Advisory Council (IIAC) published two important papers in relation to hand-arm vibration syndrome (HAVS). HAVS, then known as Vibration White Finger, was first prescribed as an industrial disease by the IIAC over 40 years ago following the publication of its Command Paper Cm 8350 in 1981. The background…

Following on from our October 2022 Rugby Union article on instrumented mouthguards, World Rugby will now be adopting mouthguards with smart technology that measures the force of impacts to the head in real time during matches. The mouthguards have already been used in the inaugural WXV competition and will be mandatory in World Rugby games…

An award of damages in an asbestosis claim is reasonably substantial, often in the region of six figures. It is almost always made on a provisional basis, a consequence of which is that, unless the return clauses are activated, special damages are usually lower than general damages. Therefore, the award for general damages is likely…