8 March 2022 - Written by Philip Turton
Philip Turton considers the decision of Lord Uist in the Scottish mesothelioma case of Watt v Lend Lease Construction (Europe) Ltd  CSOH 23, an interesting decision from north of the border (judgment ...
On 14 January 2022, the Court of Appeal handed down judgment in Aviva Insurance Ltd & Anor v Secretary of State for Work and Pensions  E...
16 November 2021 - Written by Philip Turton
Asbestos Induced Lung Cancer Claim Dismissed in the High Court: A Commentary on Ward v Wellcome Foundation Ltd
On Friday 12 November 2021, HHJ Melissa Clarke, sitting as a Judge of the High Court, dismissed the claim of Terence Ward. Mr Ward sought damages for lung cancer which he contended had been caused by exposure to asbestos in the course of two periods of employment...
9 November 2021 - Written by Philip Turton
On 3 November 2021 the newly appointed Ritchie J handed down his judgment in Haggerty-Garton v ICI  EWHC 2924 (QB), a mesothelioma case brought in the High Court but, pursuant to a consent order agreed between the First Claimant and the Defendant, ...
13 September 2021 - Written by Philip Godfrey
On 27 July 2021, the Court of Appeal handed down judgment in Ministry of Defence v Sivaji  EWCA Civ 1163 which addresses the procedural rules f...
29 June 2021 - Written by Philip Turton
Master Davison closed the door, firmly, on costs budgeting in the Asbestos List in Smith v W Ford & Sons (Contractors) Ltd  EWHC 1749 (QB). Philip Turton reports on the decision. The judgment can be read ...
22 June 2021 - Written by Nikhil Arora
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? ...
Toby Stewart, Sarah Hopkinson and Kate Longson look back to the leading House of Lords decision in Baker v Quantum Clothing Group Ltd  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  EWHC 1549 (QB), in which a Show Cause finding in a claimant’s favour was undisturbed on appeal (...
In Scarborough College Ltd v Winter  EWHC 1549 (QB), 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 Jud...
30 March 2021 - Written by Abigail Scott
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...
19 January 2021 - Written by Thomas Herbert
In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd  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
In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions  EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his ...
14 December 2020 - Written by Abigail Scott
The Industrial Injuries Advisory Council (IIAC) has announced its intention to conduct a review of selected malignant and non-malignant respiratory diseases and their relationships with occupational exposures. The IIAC is the advis...
30 November 2020 - Written by Jessica Woodliffe
Certain Compensation Recovery Unit Payments Declared Incompatible with the European Convention on Human Rights
In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions  EWHC 3118 (Admin), the Claimants challenged the unintended and onerous consequences of the Compensation Recovery Unit ...
20 November 2020 - Written by Gareth McAloon
It may be recalled that we previously blogged on asbestos in schools in June 2020. In that feature, we reported that the Department for Education’s survey, l...
3 November 2020 - Written by Richard Seabrook
The Correct Application of the Judicial College Guidelines to the Assessment of Damages for Asbestosis and Pleural Thickening
In Hamilton v NG Bailey Ltd  EWHC 2910 (QB), the High Court sought clarity from the editors of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases (the "JC Guidelines") about their proper applicat...
23 October 2020
Following our recent success in the Legal 500 2021, Chambers' expertise in the field of industrial dis...
5 October 2020 - Written by Gareth McAloon
Even during the strange times of this pandemic, there has been a persistent desire to ensure that awareness of asbestos risks is maintained. There is no doubt, however, that the pandemic has curtailed those endeavours. Large sections of the workforce have been pl...
30 September 2020
Chambers' expertise in the field of industrial disease has been acknowledged in the latest edition of the Legal 500. Along with our description as a "go-to" set for industrial disease, Jayne Adams QC...
24 September 2020 - Written by Philip Turton
Practice Direction 3D provides for an expedited system of civil procedure to be applied to claims for damages for mesothelioma. In practice it is now applied by the High Court Masters to all asbestos claims. One of its significant innovations is the “Show Ca...
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.
To find out more about our Disease barristers, click here.
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- Air Pollution
- Bladder Cancer
- Breach of Duty
- Civil Procedure
- Compensation Recovery Unit
- Contributory Negligence
- Dupuytren's Contracture
- Dust Diseases
- Expert Evidence
- Fatal Accidents
- Legal Directories
- Lung Cancer
- Noise-Induced Hearing Loss
- Restoration of Companies
- Disputing Joint Engineering Evidence: Donald Round v West Midlands Travel Ltd
- 1965 is the Watershed: Watt v Lend Lease Construction (Europe) Ltd
- Court of Appeal Rejects Insurers' Challenge to CRU Scheme