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Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007

The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs. The employer appealed a finding of liability. Held: The claims … Continue reading Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007

Hurditch v Sheffield Health Authority: CA 1989

The plaintiff claimed for exposure to asbestosis. The parties could not agree as to his prognosis, and he claimed provisional damages. A written offer for provisional damages was made and accepted. The plaintiff requested judgment lodging a statement of medical facts. Held: There was sufficient evidence of an agreement satisfying the requirements of the Act. … Continue reading Hurditch v Sheffield Health Authority: CA 1989

Wilson v Ministry of Defence: 1991

The court was asked to look at three events envisaged, and to consider whether, if they did occur, they should be described as constituting serious deterioration. Held: ‘First of all the development of arthritis to the extent that surgery is required. Osteoarthritis is a progressive condition. It is very common in cases where damage is … Continue reading Wilson v Ministry of Defence: 1991