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12 September 2014
Issue: 7621 / Categories: Case law , Law digest , In Court
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Damages—Personal injury

Dowdall v Kenyon & Sons Ltd [2014] EWHC 2822 (QB), [2014] All ER (D) 56 (Aug)

The claimant alleged that he had been exposed to asbestos dust while working for the defendants. He had previously brought an action against eight other defendants in 2003 which had ended in a settlement (the “first action”). In the first action, the claimant had claimed damages for asbestosis and pleural plaques and damages for the risk of mesothelioma. The claimant claimed damages against the defendants for his contraction of pleural mesothelioma. The defendants resisted the claim. Three issues came to be decided as preliminary issues. The Queen’s Bench Division held that the proceedings were not an abuse of process and would be allowed to continue by virtue of s 33 of the Limitation Act 1980.

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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