‘The Claimant claims damages for his contraction of pleural mesothelioma. The case raises a novel point, which may be addressed in a number of ways, and which will presumably arise again. Simply stated, the issue is whether the Claimant can maintain an action against three of the companies which employed him during a long career when he was exposed to asbestos by many employers, having already brought proceedings against 8 of the other employers which were settled in 2003, the ‘First Action.’ These Defendants say that they would have joined in that settlement had they been sued at the time, and would therefore have had a complete defence to these proceedings, namely compromise. They also advance other claims to have been prejudiced by delay of a more familiar kind.’
Andrew Edis QC
[2014] EWHC 2822 (QB)
Bailii
England and Wales
Updated: 22 July 2021; Ref: scu.535685 br>