News & Updates
Articles matching "disease"
Assessment of contributory negligence for smoking in asbestos related lung cancer case
Mark Treacher looks at approach taken by the court when calculating the degree of contributory negligence in a case where the deceased developed lung cancer due to a combination of smoking and…
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Court of Appeal overturns stress at work award for diplomat
Andrew Cousins reviews the latest in a recent line of decisions on stress at work. The Court of Appeal overturned an award made at first instance to the High Commissioner of Belize for psychiatric…
Read moreConstructive knowledge and limitation: revisited and restated
The Court of Appeal has again examined constructive knowledge in the context of limitation in disease cases. This Noise Induced Hearing Loss claim was unsuccessful as the Court of Appeal imputed the…
Read moreStress and harassment update
In the last month or so there have been three High Court decisions in claims involving occupational stress and harassment. The judgments provide useful guidance both to practitioners dealing with such…
Read more"Full & Final" settlement may not be what it seems after High Court mesothelioma judgment
The High Court was recently asked to deal with a claimant seeking damages for mesothelioma in circumstances where he had previously settled a claim for asbestos related injuries against a number of…
Read moreS.33 Limitation Act: incorrect approach to discretion in noise induced hearing loss claim
In the recent case of Malone v Relyon Heating Engineering Limited (2014), a noise induced hearing loss claim, the Court of Appeal dismissed the claimant’s claim and provided helpful guidance on the…
Read moreJustice Committee decision on the future of mesothelioma claims ‘overcautious’ to tackle growing rise in claims
Today’s announcement by the Justice Select Committee that it recommends the Government to carry out a further review and then to launch an additional consultation before implementation of the LASPO…
Read moreParent company not liable for asbestos related disease sustained by employee of subsidiary
Court of Appeal decision following the appeal by a parent company against a first instance decision that it was liable to the employee of a subsidiary in relation to asbestos related disease sustained…
Read moreDisease: Court of Appeal considers constructive knowledge and section 33 discretion
Patrick McBrien reviews this Court of Appeal judgment which clarifies the definition of constructive knowledge and the court’s section 33 discretion in a disease context. The claimant who in 2002 was…
Read moreDisease Update
It’s been another busy month for developments on mesothelioma claims. The Justice Committee announced an inquiry into the removal of the LASPO exemption regarding the recoverability of success fees…
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