Industrial Disease
Mark undertakes work involving all aspects of disease litigation. He is well versed in dealing with asbestos related claims and is often instructed to deal with a case from drafting the defence to its conclusion at trial and has a particular interest in the issue of immunotherapy costs. Mark regularly appears in hearings in the Queen’s Bench Division and often attends ‘show cause’ hearings and contested trials concerning the issues of limitation, breach of duty and quantum.
Mark is regularly involved in claims involving irritant and hazardous substances and is often asked to advise employers in relation to claims relating to asthma, cancer, and dermatitis.
Mark deals with many claims involving work-related upper limb disorders and in particular those arising as a result of repetitive work and exposure to vibration. He regularly accepts instructions in relation to cases concerning carpal tunnel syndrome, cubital tunnel syndrome, golfer’s elbow, tennis elbow and HAVS. Mark regularly advises and appears in many trials involving issues of breach of duty, limitation and causation.
Mark has a healthy practice dealing with NIHL claims from their inception until their disposal at trial.
Selected Cases
Mark has recently been involved in the following notable cases:
- A High Court trial involving the quantum of general damages for a minor respiratory disability arising as a result of pleural thickening.
- Fudge v Hawkins & Ors [2018] EWHC 453 (QB) – acting for a Defendant. The court refused to exercise its discretion under the Limitation Act 1980 s.33. The claim related to asbestos exposure over 40 years earlier and the claimant’s delay since accruing knowledge of his injury had adversely affected the cogency and availability of the evidence.
- Simpson v Arla Foods [2018] HHJ Gargan – which involved the construction of a compromise agreement in an asbestos related pleural thickening claim.
- A claim for bladder cancer allegedly caused by exposure to paint fumes in a spray painting booth.
- An occupational asthma claim arising as a result of exposure to paint and plastic fume.
- Dermatitis claims arising as a result of exposure to resin and oil.
