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Evidential Issues: Asbestos-related lung cancer claims
Rushmi Sethi considers contributory negligence in lung cancer claims in mostly asbestos-exposed smokers ‘For a defendant facing a claim for damages arising from asbestosis or other lung diseases, the effects of smoking is an important factor to investigate and consider when arguing for a reduction towards their financial liability.’ The inhalation of asbestos dust and …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Badger v The Ministry of Defence [2005] EWHC 2941 (QB)
- Blackmore v Department for Communities and Local Government [2016] EWCA Civ 956
- Carder v The University of Exeter [2016] EWCA Civ 790
- Ellis (executor of the estate of Paul Steven Cotton deceased) v The State of South Australia [2006] WASC 270
- Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22
- Heneghan v Manchester Dry Docks Ltd [2014] EWHC 4190 (QB); [2016] EWCA Civ 86
- Horsley v Cascade Insulation Services Ltd & ors [2009] EWHC 2945 (QB)
- Shortell v BICAL Construction Ltd (Liverpool District Registry; unreported 16 May 2008)