- Principles set out in CPR PD 57AC are applied in mesothelioma claim (Jackman v Harold Firth & Son Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
PI & Clinical Negligence analysis: This was a disputed fatal mesothelioma claim that went to a full trial on liability before His Honour Judge Bird. The deceased had died on 4 November 2016 aged 76. He had worked for the defendant from at least April 1969 to around April 1972 and was sent to work at ICI in Huddersfield. Mr Jackman had not sought advice in his lifetime, and there was no witness statement from him. There were, however, statements from his widow, some contemporaneous notes, and statements from other ICI workers about the general working conditions there. The way the court assessed the evidence in this matter may provide a helpful pointer of the way the court may assess the veracity of evidence now that CPR PD 57AC has come into force. Written by Helen Childs, partner and head of Industrial Disease at Royds Withy King.
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