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Jamie Clarke

Call 1995

Industrial Disease

Industrial disease litigation has been a substantial aspect of Jamie’s practice since pupillage when he was seconded to British Coal to work on discovery exercises for the group litigation then being conducted by the Unions. A key factor in Jamie’s move to Crown Office Chambers was the opportunity to consolidate this aspect of practice amongst colleagues recognised as leading practitioners in this area.

Jamie is familiar with claims involving all of the diseases commonly encountered, including asbestos, lung cancer, asthma, HAVS/WRULD, noise-induced hearing loss, dermatitis. Typical of claims in this area, Jamie advises regularly, in writing and in conference, on the issues that commonly arise in disease claims, including causation and evidence including technical/scientific expert evidence, parties, limitation, apportionment.

In April 2011, presented 90-minute seminar for CPD Webinars Limited (now Legal PD, part of Sweet & Maxwell) entitled “A guide to Occupational Disease Litigation”.

In February 2015, presented paper on Breach of Duty following McCarthy v M&S Plc to the International Asbestos Litigation Forum.

Selected Cases

  • Wickes & Teeling v Davison & Global Enterprises Limited – Defence of an estate’s claim for over £1m against an employer in his personal capacity for deceased’s alleged exposure to asbestos whilst handling Calor gas heaters in the late 1970s in a period where the former employer held no insurance: claim was withdrawn following robust Defence drafted by counsel and application to the Master for summary trial.
  • Gibbs v Western Landscapes – On 2nd day of a multi-day trial of a HAVS claim brought by a former local authority gardener, Jamie made a successful submission of no case to answer. The key had been cross-examination of the Claimant on the basis of which, the claim could no longer be supported by the Claimant’s own expert who had been listening to the Claimant’s evidence at the back of court.
  • Gulliver v Banham Poultry & Another – Successfully strike out of a claim brought by a chicken catcher, applying the “Mitchell” criteria as revised in Denton.
  • Smith v Astongold – Application regarding possible nullity of proceedings in claim brought against dissolved company.
  • Jackson v Michael Joyce Civil Engineering – Involved in securing discontinuance of this NIHL claim.
  • Robust pleading and marshalling of expert evidence, secured withdrawal of claim brought against a local authority by a pest control officer for WRULD associated with use of a standard caulking gun to lay poison.
  • Ongoing advice in relation to indemnities arising out multiple EL claims brought against former employer where employees transferred to a sub-contractor.
  • Advising insurer taking over book of captive insurer of an electricity generator regarding potential long tail liabilities for EL disease claims.
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