Disease Blogs Archive

On 10 November 2022, in the High Court, King’s Bench Division, Damian Powell, instructed by James Traynor of Plexus Law, appeared on behalf of the Defendant’s insurer at an assessment of damages hearing in an asbestosis claim. On 24 November 2022, HHJ Blair KC (sitting as a Judge of the High Court), handed down his judgment arising…

On 16 November 2022, the Industrial Injuries Advisory Council (IIAC) published its “COVID-19 and Occupational Impacts” paper. Since the start of the COVID-19 pandemic, the IIAC has been continually reviewing and assessing the rapidly accruing scientific evidence on the occupational risks of COVID-19 and an interim position paper was published in February 2021. In its…

On 25 October 2022, the High Court handed down judgment in the case of BAE Systems Marine Ltd v Alfa Laval Ltd [2022] EWHC 2686 (KB) dismissing BAE’s claim for contribution pursuant to section 1(1) of the Civil Liability (Contribution) Act 1978. Kam Jaspal, instructed by Clyde & Co, represented the Defendant. A link to the judgment…

This blog was written by Philip Godfrey of Ropewalk Chambers and Christine Allen of Weightmans. In a recent appeal in the case of Thrush v RG Buckle before HHJ Gosnell sitting in the County Court at Leeds, the issue of disclosure of occupational health records held by unpursued employers was considered by the Court. Philip Godfrey,…

On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek…

Philip Turton reviews a recent HSE prosecution arising from a failure properly to assess vibration exposure at work. In May 2022, Westbridge Furniture Designs Limited were prosecuted by Her Majesty’s Health and Safety Executive for failure to undertake sufficient risk assessments in relation to their use of vibrating tools and failure to maintain adequate controls…

On 20 May 2022 Master Davison handed down judgment in the case of Brooks v Zurich Insurance PLC and Aviva Insurance (UK) Ltd, dismissing the Defendants’ application for summary judgment against the Claimant on the ground that he had wrongly brought proceedings against the insurers pursuant to the provisions of The Third Parties (Rights Against…

Disputing the Joint Engineering Evidence: The Latest ‘Round’ in the Battle Between Claimants and Defendants in Noise-Induced Hearing Loss Claims? Donald Round v West Midlands Travel Ltd, County Court at Walsall, 7-10 March 2022. Summary Damian Powell, instructed by Ian Coppell of Weightmans LLP Liverpool, recently appeared for the Defendant in the trial of the above…

Philip Turton considers the decision of Lord Uist in the Scottish mesothelioma case of Watt v Lend Lease Construction (Europe) Ltd [2022] CSOH 23, an interesting decision from north of the border (judgment here). Nicola Watt was the widow of James Watt who died of mesothelioma in 2017. She brought a claim against his former employers, who…

On 14 January 2022, the Court of Appeal handed down judgment in Aviva Insurance Ltd & Anor v Secretary of State for Work and Pensions [2022] EWCA Civ 15 which concerns the compatibility of certain aspects of the Compensation Recovery Unit (“CRU”) scheme and the rights of the claimant insurance companies under Article 1 of the First…

On Friday 12 November 2021, HHJ Melissa Clarke, sitting as a Judge of the High Court, dismissed the claim of Terence Ward. Mr Ward sought damages for lung cancer which he contended had been caused by exposure to asbestos in the course of two periods of employment, the first with Burroughs Wellcome & Co between 1969…

On 3 November 2021 the newly appointed Ritchie J handed down his judgment in Haggerty-Garton v ICI [2021] EWHC 2924 (QB), a mesothelioma case brought in the High Court but, pursuant to a consent order agreed between the First Claimant and the Defendant, subject to Scottish law. The Claimant was the young widow of David Haggerty,…