Power v Bernard Hastie & Co Ltd & ors [2022] WTLR 1459
Winter 2022 #189The deceased had issued proceedings in 1991 against the defendants for personal injury arising from exposure to asbestos. Liability was admitted and in October 1993 the High Court made an order for damages (accompanied by a statement of agreed facts), which included a provisional damages order (PDO) under s32A Senior Courts Act 1981 in the following terms:
...‘The Plaintiff do have leave to apply (without time limit) for further damages pursuant to Order 37 Rule 10 if he does develop the aforesaid conditions or diseases or any of them.’