Fair play?
McManus, Joe
Fair play? - 2005 - Solicitors' Journal 149(13) 1 April 2005, 373-375(2) .
Gives details of recent judgments on the subject of damages from asbestos exposure. In "Grieves v Everard and Sons and British Uralite plc" ([2005] EWHC 88 (QB), The Times 22 March 2005) it was confirmed that those diagnosed with pleural plaques were entitled to damages.The judge stated that while the condition alone could not amount to a cause of action, 'where anxiety is engendered by physiological change' it can properly contribute to damage. In "Maguire v Harland and Wolff Plc" ([2005] EWCA Civ 01, The Times 27 January 2005) the CA found against the claimant who had been exposed to asbestos dust and developed mesothelioma in 2000. In the former case the parties have been given leave to appeal to the CA.
GRIEVES AND OTHERS V FT EVERARD AND SONS AND BRITISH URALITE PLC AND OTHERS
MAGUIRE V HARLAND AND WOLFF PLC
BARKER V SAINT GOBAIN PIPELINES PLC
FAIRCHILD V GLENHAVEN FUNERAL SERVICES LTD AND OTHERS
MESOTHELIOMA
Fair play? - 2005 - Solicitors' Journal 149(13) 1 April 2005, 373-375(2) .
Gives details of recent judgments on the subject of damages from asbestos exposure. In "Grieves v Everard and Sons and British Uralite plc" ([2005] EWHC 88 (QB), The Times 22 March 2005) it was confirmed that those diagnosed with pleural plaques were entitled to damages.The judge stated that while the condition alone could not amount to a cause of action, 'where anxiety is engendered by physiological change' it can properly contribute to damage. In "Maguire v Harland and Wolff Plc" ([2005] EWCA Civ 01, The Times 27 January 2005) the CA found against the claimant who had been exposed to asbestos dust and developed mesothelioma in 2000. In the former case the parties have been given leave to appeal to the CA.
GRIEVES AND OTHERS V FT EVERARD AND SONS AND BRITISH URALITE PLC AND OTHERS
MAGUIRE V HARLAND AND WOLFF PLC
BARKER V SAINT GOBAIN PIPELINES PLC
FAIRCHILD V GLENHAVEN FUNERAL SERVICES LTD AND OTHERS
MESOTHELIOMA