Multi-defendant asbestos ruling 'significant' for future damages awards

12 Dec 2014

BLM partner Nick Pargeter comments on the outcome of his High Court case in an article published in Post Magazine:

 

Multi-defendant asbestos ruling 'significant' for future damages awards

A High Court ruling around compensation in asbestos-related lung cancer cases with multiple defendants will have a significant impact in the way damages in future cases are awarded, law firm BLM has claimed.

Justice Jay yesterday (11 December) ruled that in multi-defendant asbestos-related lung cancer claims where no one defendant is responsible for more than half of the total exposure, damages will be divided by relative share of exposure.

Nick said: "The claimant's argument could ultimately have had only one of two outcomes, both of which were unfair - zero recovery, or a defendant responsible for only 2.5% of exposure being required to pay 100% of damages," Pargeter said.

"Heneghan thus has a significant effect on asbestos-related lung cancer practice, and in respect of other occupational cancer cases. It arguably falls into that rare category of asbestos-related illness case - one where policy, logic and principle, and fairness coincide," he added.

Click here to read the full article.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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Nick Pargeter

Nick Pargeter

Partner and head of occupational disease practice group,
London


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