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Jack Ferro

Call 1998

Industrial Disease

Cases of industrial disease form a significant part of Jack’s practice, encompassing principally cases of asbestosis and mesothelioma, noise-induced hearing loss, dermatitis, silicosis and hand-arm vibration syndrome.  He advises regularly on the evidential and causation difficulties which often arise in such cases, including issues of life expectancy, limitation and assessing breach of duty based on the prevailing state of scientific knowledge at the time of claims arising from historic employment.  He also has experience of stress at work cases.

Selected Cases

  • Khan v Glynwed Foundries – Acted for claimant in claim for lung cancer arising from prolonged exposure to silica dust during work in foundry in the 1960s and 1970s. Case raised controversial issues on causation of the disease (the claimant was a smoker) and on what the claimant’s life expectancy would have been but for the cancer.
  • Scott v Bridon – Acted for defendant in claim for noise-induced hearing loss where causation was in dispute. The issues on the expert evidence centred on the significance of asymmetrical loss between the two ears, the identification of the proper percentile for evaluating the claimant’s non-noise related hearing loss, and the effect of measurement error in audiometric testing. The case involved a detailed consideration of the diagnostic guidelines contained in the seminal paper by Coles, Lutman and Buffin, and subsequent research which calls those guidelines into question.
  • Cousins v British & Commonwealth Holdings – Represented claimant in a claim for noise-induced hearing loss sustained while serving on board ships in the Merchant Navy. Case raised issues of breach of duty and causation, as well as conflict of law issues.
  • Carr v Sir Lindsay Parkinson: Represented defendant in fatal accident claim for mesothelioma brought against former employer. The deceased held a variety of jobs in the construction industry entailing asbestos exposure in the 1950s and 1960s, but due to evidential difficulties, the claimant only directly pursued one defendant. Defendant settled the claimant’s claim and went on to bring contribution claim against another former employer of the deceased.
  • Lee v Bovis – Acted for defendant in mesothelioma claim brought after expiry of primary limitation period. Issues related to whether the Court would exercise its discretion to allow the claim to proceed despite the delay in issuing proceedings.
  • Pilkington v Mirahan – Represented defendant in a claim for occupational dermatitis raising issues as to causation of the disease.
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  • London Common Law & Commercial Bar Association (1999 to present)
  • Committee member of the Bar Human Rights Committee (2002 to present)

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