Disease Blogs Archive

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…

The single joint expert’s decision can often have a decisive effect upon the viability and outcome of a given claim, particularly a disease claim. If the expert’s opinion is unfavourable, the aggrieved party will want to try and salvage the position. Unfortunately, given how busy single joint experts often are, by the time the report…

Master Davison closed the door, firmly, on costs budgeting in the Asbestos List in Smith v W Ford & Sons (Contractors) Ltd [2021] EWHC 1749 (QB). Philip Turton reports on the decision. The judgment can be read here. It has long been the practice in the Asbestos List to dispense with costs budgeting. In living mesothelioma claims…

In this blog, Nik Arora reviews the decision in Moutarde v SIG Logistics to limit the Claimant’s success fee in a mesothelioma claim to 27.5%. Q. When is a trial not a trial? A. When it’s a discrete dispute about costs. In the case of Moutarde v SIG Logistics [2021] EWHC 1670 (QB) Calver J refused…