28 July 2021 - Written by Christopher Lowe
Noise-Induced Hearing Loss and Medical Causation: NIL on the Slide!
In this blog, Chris Lowe reviews the current requirements for proving medical causation in NIHL claims, reviewing recent practice in relation to the “Guidelines…” paper and considering the "R3" requirement With a...
21 July 2021 - Written by Philip Davy
Abandoning a Single Joint Expert
The single joint expert’s decision can often have a decisive effect upon the viability and outcome of a given claim, particularly a disease claim. If the expert’s opinion is unfavourable, the aggrieved party will want t...
29 June 2021 - Written by Philip Turton
They Tried to Make Me File a Budget - I said No, No, No...
Master Davison closed the door, firmly, on costs budgeting in the Asbestos List in Smith v W Ford & Sons (Contractors) Ltd [2021] EWHC 1749 (QB). Philip Turton reports on the decision. The judgment can be read ...
22 June 2021 - Written by Nikhil Arora
Success Fees in Mesothelioma Cases: Moutarde v SIG Logistics
In this blog, Nik Arora reviews the decision in Moutarde v SIG Logistics to limit the Claimant's success fee in a mesothelioma claim to 27.5%. Q. When is a trial not a trial? ...
15 June 2021 - Written by Thomas Herbert
(In)divisible, That's What You Are
Show me that you can divide the notes of a song; But first, show me that you can discern Between what can be divided And what cannot....
25 May 2021 - Written by Edward James & Nicholas Robinson
Dementia in Sports Participants: An Industrial Disease?
The Department for Culture, Media and Sport (DCMS) Concussion in Sport Inquiry committee has been holding consultations with leading experts, former professional sports athletes, the Chief Medical Officers and Chief Executives of Sports Governing Bodies as well as cha...
18 May 2021 - Written by Toby Stewart, Sarah Hopkinson & Kate Longson
The Scope and Limits of Acceptable Risk in Exposure Cases
Toby Stewart, Sarah Hopkinson and Kate Longson look back to the leading House of Lords decision in Baker v Quantum Clothing Group Ltd [2011] 1 WLR 1003 and discuss how the concepts of risk and acceptable limits of exposure now operate in modern day ...
17 May 2021 - Written by Richard Gregory
Non-Party Disclosure and CPR 31.17: Sparkes v London Pension Funds Authority & Leigh Academies Trust
A good month for claimants in historic asbestos claims continues. Coming shortly after Scarborough College Ltd v Winter [2021] 4 WLUK 352, in which a Show Cause finding in a claimant’s favour was undisturbed on appeal (...
7 May 2021 - Written by Edward James & Nicholas Robinson
Concussion in Sport: Gender Differences Highlighted by Results of Recent Study
The issue of concussion in sport is frequently in the news at the moment. The risks and consequences of concussion have been highlighted in rugby, football, boxing and many other sports. However, the vast majority of these issues have been focussed on male participant...
6 May 2021 - Written by Philip Godfrey & Alexandra Pountney
Scarborough College v Winter: Spotlight on the Show Cause Procedure
In Scarborough College Ltd v Winter [2021] 4 WLUK 352, the High Court considered an appeal by a Defendant against the decision of a Master to enter judgment under CPR PD3D (the show cause procedure). The appeal was dismissed. Cavanagh J held that Judgment had...
22 April 2021 - Written by Thomas Herbert & Jessica Woodliffe
Coroner Calls for Lower UK Air Pollution Limits and Increased Awareness of Pollution Levels to Prevent Deaths
In December 2020, HM Assistant Coroner for Inner South London, Philip Barlow, concluded that air pollution contributed to nine-year-old Ella Adoo Kissi-Debrah’s death in 2013. Thomas Herbert’s blog on that decision can be read ...
9 April 2021 - Written by Thomas Herbert
High Court Refuses Defendant's Request to Try Causation as a Preliminary Issue in Claim under the COSHH Regulations
Freedman J’s decision in Mather v Ministry of Defence [2021] EWHC 811 (QB) – which can be read here – is interesting for (at least) two reasons. First, ...
6 April 2021 - Written by Patrick Limb QC
COVID-19 and Occupation: An Interim Report from the IIAC
On 25 March 2021 the Industrial Injuries Advisory Council (“IIAC”) published "COVID-19 and occupation: position paper 48” – found ...
31 March 2021 - Written by Thomas Herbert & Jessica Woodliffe
The CJEU Finds that the UK Breached its Obligations under the Air Quality Directive
Patrick Limb QC and Thomas Herbert recently explored the below issues, and others, in their webinar on "...
30 March 2021 - Written by Abigail Scott
Causation in Occupational Cancer Claims: An Overview
The law adopts a nuanced approach to causation in occupational cancer claims. Practitioners dealing with such claims must be alive to the distinctions and difficulties that may arise in this area. This post provides an overview of the application of the different test...
26 February 2021 - Written by Kam Jaspal
Long Covid: An Industrial Disease?
Long Covid is the term used to describe the lasting effects of contracting COVID-19 and has been referred to as the “hidden health crisis of the pandemic”. There is growing support for Long Covid (also known as...
24 February 2021 - Written by Nicholas Robinson
Aerotoxicity Litigation: The Global Cabin Air Quality Executive Launches a 'Clean Air Campaign'
A global campaign has been launched to mandate the introduction of filtration and warning systems on commercial aircraft and address concerns over alleged ‘aerotoxic syndrome’. The ‘Aerotoxicity Litigation’ ...
19 January 2021 - Written by Thomas Herbert
Court of Appeal Considers 'Lost Years' Claims in Head v The Culver Heating Co Ltd
In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant's 'lost years' claim. The judge had dismi...
18 January 2021 - Written by Jessica Woodliffe
Latest Instalment in Insurers' Challenge to CRU Provisions
In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his ...
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Ropewalk Chambers has, over many decades, established a market-leading reputation for detailed and specialist expertise in the field of Industrial Disease litigation.
Whether asbestos, noise, dust, vibration, stress or any other insidious process, including those which are newly emerging, its members have consistently appeared in the leading cases, determining the limits of liability, causation and quantum at first instance and appellate level.
Work is distributed within Chambers to enable Members of Chambers to represent both Claimants and Defendants in this field.
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Recent Posts
- Noise-Induced Hearing Loss and Medical Causation: NIL on the Slide!
- Abandoning a Single Joint Expert
- They Tried to Make Me File a Budget - I said No, No, No...
