Disease Blogs Archive

When considering claims against parent companies, a useful starting-point is the digest provided by Sales LJ (as he then was) in AAA v Unilever plc [2018] BCC 959 at [36]: “There is no special doctrine in the law of tort of legal responsibility on the part of a parent company in relation to the activities…

Even during the strange times of this pandemic, there has been a persistent desire to ensure that awareness of asbestos risks is maintained. There is no doubt, however, that the pandemic has curtailed those endeavours. Large sections of the workforce have been placed on furlough and redundancies may well follow.  It was thus unsurprising to see, in…

On 2 October 2020, the American Food & Drug Administration approved a combination of nivolumab (OPDIVO, Bristol-Myers Squibb Co) and ipilimumab (YERVOY, Bristol-Myers Squibb Co) as a first-line treatment for adults with unresectable mesothelioma. Randomised open-label trials suggest an improvement in overall survival in the order of approximately 25% when compared with chemotherapy. The full announcement is…

In Hinson v Hare Realizations Ltd [2020] EWHC 2386 (QB), the High Court reaffirmed the factors relevant to an application to abandon a single joint expert report and rely on one’s own expert evidence. To read the judgment, please click here. Background The Claimant claimed that in the 1970s and 1980s, while working in a…

Chambers’ expertise in the field of industrial disease has been acknowledged in the latest edition of the Legal 500. Along with our description as a “go-to” set for industrial disease, Jayne Adams QC and Patrick Limb QC‘s appearance in the country’s first beryllium poisoning case is expressly cited, as is Richard Gregory‘s heavy NIHL workload. The full…

Practice Direction 3D provides for an expedited system of civil procedure to be applied to claims for damages for mesothelioma. In practice it is now applied by the High Court Masters to all asbestos claims. One of its significant innovations is the “Show Cause” procedure. In this article, Philip Turton examines the rules which apply…

The High Court has handed down judgment in the case of Holmes v S & B Concrete Ltd [2020] EWHC 2277 (QB), holding that a Claimant bringing a claim for personal injury cannot generally rely upon the provisions of the Companies Act 2006 to avoid a limitation defence. To read the  judgment, please click here. Defendant insurers responding…

In this article, Kam Jaspal provides an update on asbestos litigation in the time of the COVID-19 pandemic and summarises recent developments in the area, from asbestos in schools to low exposure claims and limitation. Asbestos Lists in the RCJ The Masters Corridor of the RCJ has continued to be busy, virtually, despite the COVID-19…

Jack McCracken and Sarah Hopkinson have published a series of five articles addressing possible liabilities on the part of employers for outbreaks of COVID-19 amongst their workforce. Please click here to access all five articles, or click on the link for a specific article below. Introduction. Liability at Common Law. Liability for Breach of Statutory Duty. Liability Under…

In July 2019, the All-Party Parliamentary Group on Respiratory Health, in partnership with not-for-profit organisation B&CE, commenced an enquiry into the issue of silicosis in the construction industry. The report was published in April 2020. The fact that the report is entitled “Silica – the next asbestos?” probably tells you something about the level of perceived…

The Court of Appeal recently handed down a decision of particular interest in noise-induced hearing loss (“NIHL”) claims. Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 deals with the thorny issue of restoration of a company to the register. Whilst this is not an issue specific to NIHL claims only, it is of particular relevance to…

On 19 September 2019, the Social Security (Industrial Injuries) (Prescribed Disease) Amendment Regulations 2019 were tabled in Parliament. They came into force on 9 December 2019. With their passing, they brought into the spotlight a ‘new’ prescribed disease from the use of vibratory tools at work: Dupuytren’s Contracture. On the back of this, there will inevitably be…