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Matthew Boyle secures High Court clarification on heads of loss in fatal mesothelioma cases

Matthew Boyle appeared as Counsel for the Defendant employers in Mosson v Spousal (London) Ltd in which Garnham J handed down judgment on 25 January 2016.

The case provides useful authority for Defendants and their insurers in such cases in that the Court:

  1. Found that awards for loss of a spouse’s special services/intangible benefits have no jurisprudential foundation and should not be made.
  2. Confirmed that claims for funeral expenses do not include the cost of a wake, mourning attire or memorials other than a headstone.
  3. Concluded that the cost of probate is not recoverable under the Law Reform (Miscellaneous Provision) Act 1934.
  4. Held that Claimants must give credit for Industrial Injuries Disablement Benefit payments against subrogated claims by employers for sick pay advanced during the Deceased’s lifetime.

The judgment also gave consideration to the circumstances in which a finding of contributory negligence can be made against a Deceased who had been exposed to asbestos whilst self employed.

The case is reported at [2015] EWHC 53 (QB).



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