The deceased died after commencing a claim for personal injuries for mesothelioma. The action had been compromised with an agreement for a provisional consent order. After his death, his widow sought to claim on the basis as settled.
Held: Having settled the action on the basis that if the deceased developed the disease, he would be compensated on a full liability basis, it was not now open to the company to go back on that agreement. The parties could have formed an agreement which left open such questions, but they had not done so.
Judges:
Ward, Clarke, Collins LJJ
Citations:
Times 01-Jul-2002, Gazette 01-Aug-2002, [2002] EWCA Civ 904
Links:
Jurisdiction:
England and Wales
Citing:
Distinguished – 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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Litigation Practice, Damages
Updated: 23 June 2022; Ref: scu.174125