Evidential Issues: Asbestos-related lung cancer claims

Rushmi Sethi | Personal Injury Law Journal | July/August 2017 #157
Rushmi Sethi considers contributory negligence in lung cancer claims in mostly asbestos-exposed smokers ‘For a defendant facing a claim for damages arising from asbestosis or other lung diseases, the effects of smoking is an important factor to investigate and consider when arguing for a reduction towards their financial liability.’ The inhalation of asbestos dust and …

Continue reading "Evidential Issues: Asbestos-related lung cancer claims"

This post is only available to members.

Causation: The sum of the parts

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | September 2016 #148
Matthew White weighs up the ‘but for’ test and material contribution in cumulative cause cases ‘The “material contribution” approach applies just as much to multiple factor cases as to single agency cases.’ An article in this publication in 2013 (‘Breach of duty and causation, where are we now?’ by Christopher Sharp QC and Matthew White, …

Continue reading "Causation: The sum of the parts"

This post is only available to members.

Case Report: Carder v The University of Exeter [2016] EWCA Civ 790

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | September 2016 #148
Asbestosis; asbestos exposure; liability; actionable damage ‘The Master of the Rolls pointed out that there was an inherent contradiction in the University’s case between accepting it had made a 2.3% contribution to a cumulative disease which causes an individual to be worse off and then seeking to argue that this contribution had made no difference.’ …

Continue reading "Case Report: Carder v The University of Exeter [2016] EWCA Civ 790"

This post is only available to members.