Disease Blogs Archive

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,…

A claim is being brought against the Rugby Football League (RFL) by a group of 10 ex-professional rugby league players. The claim follows on from the announcement that in December 2020 a letter of claim had been sent in respect of rugby union players considered in this blog. This discussed the news that Rylands Law are…

The first edition of ‘Controlling Noise at Work’ was published in 1998, and was founded on the earlier Noise at Work Regulations 1989. It was comprehensively revised in 2005 in advance of the enactment of the Control of Noise at Work Regulations 2005 from 6 April 2006. Minor amendments to the Regulations, and the passage of…

It has been a fantastic month for Ropewalk Chambers, following our recent achievements in the Legal 500. Ropewalk Chambers’ expertise in the field of industrial disease has once again been recognised in the latest edition of Chambers & Partners. Ropewalk is one of only four sets across all circuits to be ranked for Industrial Disease. We…

Chambers’ expertise in the field of industrial disease has once again been recognised in the latest edition of the Legal 500. We have been described as providing “an excellent service together with outstanding barristers” as well as having “particular specialism related to the areas of industrial disease”. The full entry is here: “Nottingham-headquartered Ropewalk Chambers’…

On 27 July 2021, the Court of Appeal handed down judgment in Ministry of Defence v Sivaji [2021] EWCA Civ 1163 which addresses the procedural rules for “show cause” hearings under CPR PD3D. Occasionally, judges act unpredictably. This can range from an awkward question to an unexpected costs order. That is all par for the…

Andrew McNamara and Gareth McAloon consider the correct approach to section 33 of the Limitation Act 1980, three years on from the leading case of Carr v Panel Products (Kimpton) Limited [2018] EWCA Civ 190. It is now three and a half years since the noise induced hearing loss case of Carr v Panel Products…

The question this blog addresses is what to look out for, as “headline points”, in an industrial disease claim with a connection to a foreign jurisdiction: e.g. the alleged wrong was committed in a jurisdiction other than England and Wales, or the consequences, in terms of pain, suffering, and loss of amenity, and financial losses…

In this blog, Chris Lowe reviews the current requirements for proving medical causation in NIHL claims, reviewing recent practice in relation to the “Guidelines…” paper and considering the “R3” requirement With an ever-decreasing pool of viable NIHL claims, novel battle grounds inevitably develop. One such battle ground is the so-called ‘sliding-scale’ approach to the requirements…