Industrial Disease
Edward is recognised for his work in the field of industrial and occupational disease litigation. His work involves all aspects of asbestos litigation, NIHL claims, upper limb disorder litigation, HAVS, stress at work, asthma, dermatitis and other claims under COSHH.
By way of example, his work has regularly required detailed consideration of the medico-legal nuances in such matters as de minimis arguments and the diagnosis of noise induced hearing loss (adopting CLB/LCB Guidance), causation and doubling the risks arguments in HAVS and CTS claims, differentiating between constitutional and work induced diseases and exposure to airborne particulates sufficient to cause occupationally induced disease such as asbestos-based injury and asthma.
He has been involved in group industrial disease litigation in the mining industry.
He is acknowledged by his instructing solicitors as well as their insurer clients for his attention to detail in preparing a case, as well as a straightforward and persuasive manner in Court.
Selected Cases
Recently concluded/ongoing cases and instructions include: instructed in recovery proceedings following settlement of fatal meso claim viz a viz whether co-insurer of insolvent co-defendant are liable to pay a substantial contribution to damages and costs. Isocyanate exposure claim where paint sprayer alleged exposure above relevant exposure levels but possibly without temporal association.
Richards -v- Tysons (Contractors) Ltd HHJ Berkley. Judgment handed down on 11/09/2020. Acted for Defendant in claim for occupationally induced COPD arising out of alleged exposure to variety of forms of dust relating to construction work from 1960s and 1970s. At trial, medical causation remained in issue and successfully defended case on basis that the Claimant was suffering from COPD, not asthma and that his COPD was not occupationally induced and was, more likely a factor of a number of unrelated co-morbidities.
Fotherby -v- Quibell & Sons Ltd (D1), Strata Construction (D2) and Togel Contractors Ltd (D3) Judge Jostling 17-18/09/2018
Acted on behalf of Defendant in NIHL claim. Claim centred on whether any such hearing loss was de minimis, in particular, whether NIHL as measured over 1, 2 and 3 kHz had any noticeable impact on the Claimant’s everyday hearing ability and separately did any additional NIHL identified at 4kHz have any noticeable impact on the Claimant’s everyday hearing ability. The case involved consideration of medical/scientific literature on the point and the Defendants instructed Professor Mark Lutman who gave evidence at Court. Successfully defeated the claim on all aspects.
Jackson -v- British Dredging Ltd (D1) and Industrial Energy Services Ltd (D2). HHJ Wood KC Sitting as DHCJ 23/04/2018
Acted on behalf of Defendant in Assessment of Damages hearing – fatal meso claim. Case settled at Court. Novel case in which Defendant had taken issue with various heads of loss including additional costs associated with funeral – considering the first instance reasoning in Knauer as well as the correct methodology when calculating the future dependency claim.
Ratcliffe -v- Nationwide Crash Repair Centres Limited HHJ Hammerton. Trial 03-04/04/2014.
Acted on behalf of Defendant in claim for occupationally induced CTS arising out of alleged exposure to vibration. Claimant attempted to argue that CTS could be caused by vibration, relying in part on IIAC and expert medical evidence. Further argument raised was that ‘association’ of risk was sufficient in the event that there was a doubling of the risk. Successfully defeated claim on all aspects.
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Qualifications
- BA Jurisprudence (Oxon)
- PGD in Sport & Law
Articles
Personal injury cases—attempting to outflank a limitation defence by discounting periods of time in which a defendant company was in liquidation (Holmes v S & B Concrete). See here.
