Industrial Disease Litigation
We handle claims resulting from exposure to asbestos, benzene, chrome, lead, silica and all otherforms of dust and many other dangerous substances. Several members of chambers are very experienced in stress at work litigation.
In support of this specialism we advise and represent clients on all aspects of insurance relevant, including claims under the FSC Scheme.
Reported cases
Beddoes and others v Vintners Defence Systems and others (2009) Unreported, Newcastle CC. Recoverability of damages for asymptomatic asbestosis
John Shortell (Executor Of The Estate Of John Joseph Shortell, Deceased & Litigation Friend Of Eileen Shortell) V Bical Construction Ltd (Sued As Successor To Bic Construction Ltd) QBD (Liverpool) (Mackay J) 16/5/2008. A successful decision establishing that lung cancer was caused by asbestos.
Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd) [2007] UKHL 39, [2007] 4 All ER 1047. The pleural plaque test case.
Deadman v. Bristol City Council [2007] EWCA Civ 822 Court of Appeal – Stress at work
Barker v Corus UK plc [2006] UKHL 20. Whether damages for indivisible disease (mesothelioma) should be apportioned between exposers to asbestos.
Banks v Ablex Limited [2005] IRLR 357. Liability of employer for harassment at work
Grieves & 9 ors v FT Everard & Sons & British Uralite plc & 9 ors [2005] EWHC 88 (QB) [2006] EWCA Civ 27 (CA) Pleural Plaques test cases.
Hartman v South Essex Mental Healthcare NHS Trust [2005] ICR CA. Stress at work claims post-Barber.
Aer Lingus plc v Gildacroft Ltd & Sentinal Lifts Ltd
(Simon J, QBD 24 June 2005). Limitation under the Civil Liability (Contribution) Act 1978
Barber v Somerset County Council [2004] ICR 457, [2004] IRLR 475 HL. Stress at work
Farmer v Rolls-Royce Ltd unreported, 26/02/2003, lawtel document no. AC0105047 - Largest award in a fatal accident case;
Turner & Newell v Royal Sun Alliance [2002] EWHC 2420;
Fairchild v Glenhaven & Ors [2002] 3 WLR 89 - Causation in mesothelioma claims;
Hatton v Sutherland [2002] 2 All ER 1 - Stress at work;
Smith v White Knight Laundry Ltd [2002] 1 WLR 616 -Limitation in relation to restoration of dissolved companies to the register;
White v ESAB Group (UK) Ltd [2002] PIQR Q6 - Multipliers; Cape Distribution Ltd v O'Loughlin [2001] EWCA Civ 178 - Calculation of damages in fatal accident cases;
Jameson v Central Electricity Generating Board [2000] 1 AC 455;
Heil v Rankin [2000] 2 WLR 1173 - Level of general damages in personal injury actions;
Cullin v LFCDA (1999) PIQR P314 (CA) - Liability for nervous shock in cases of firefighters acting as rescuers;
Quinn v MoD [1998] PIQR P387 (CA) - Crown immunity for tortious injury of armed service personnel;
Armstrong v British Coal Corporation [1998] Lawtel CA 31/07/98 - Test cases of VWF in the coal industry;
Publications
Asbestos Disease Litigation by Andrew Hogarth QC with Ronald Walker QC, Frank Burton QC and Allan Gore QC ( Butterworths 2004)
Limitation by Frank Burton QC and Rodney Nelson-Jones of Field Fisher Waterhouse (2006)
Stress Claims by Katherine Awadalla
(Butterworths 2004)
Andrew Hogarth QC has contributed the chapter on asbestos disease to the forthcoming edition of Munkman on Employers' Liability.
Lectures and seminars
Lectures and seminars are held at regular intervals for solicitors, insurers, unions and clients on all aspects of industrial disease litigation.
Our seminars page gives details of past lectures on asbestos disease and stress at work claims, copies of which can be requested by emailing seminars@12kbw.co.uk