Heneghan v Manchester Dry Docks Ltd [2014] EWHC 4190 (QB); [2016] EWCA Civ 86 – Law Journals

Evidential Issues: Asbestos-related lung cancer claims

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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 …

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Causation: Looking for answers

Paul Sankey examines the issues in Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust ‘The “material contribution” test only applies in cases where it is impossible to attribute particular damage to a specific cause and therefore apportionment cannot be appropriate.’The recent case of Dr Sido John v Central Manchester …

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Causation: The sum of the parts

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, …

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Liability: A catalogue of errors

In the first of this two part article Robert Weir QC provides an invaluable reference compiling the most significant cases involving liability decisions in the last year ‘Vicarious liability can apply outside of an employment relationship provided that the tort is done by an individual who carries on activities as an integral part of the …

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Material Contribution: Causes for concern

Julian Matthews highlights a case that demonstrates the courts’ approach to contribution to injury ‘Even where there were multiple causes, if the defendant’s breach of duty had materially contributed to one of those causes and that contribution was material to the development of the condition overall, then the principles of material contribution applied, and causation …

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Case Report: Professor Carl Heneghan (administrator of the estate of James Leo Heneghan) v Manchester Dry Docks Ltd & Ors EWHC 4190 (QB)

Causation; multi-defendants; asbestos ‘The judge did not accept that a period of exposure that does not increase the risk by more than double can be said to have materially contributed to the cancer.’The High Court ruled on the principles of causation to be applied to a multi-defendant case of asbestos-induced lung cancer. Mr Justice Jay …

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