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William Vandyck

Call 1988

Industrial Disease

William has an extensive industrial disease practice including asbestos work and stress at work/bullying claims. He regularly deals with Noise Induced Hearing Loss (NIHL), respiratory disease, upper limb disorders, and dermatitis and other COSHH claims and the physical and psychiatric injury said to result. He is instructed by major insurers. He gives clear advice, and has a busy practice of trial and interlocutory work.

Selected Cases

  •  Howard v Imperial London Hotels ltd [2019] EWHC 202 (QB).  In a living mesothelioma case the costs of future treatment were more appropriately dealt with by adjourning that head of claim (with interim payments as required) than by making a Periodical Payment Order.
  • Fairchild v Glenhaven [2002] UKHL 22, the leading case on legal causation of mesothelioma.
  • Johnson v Ministry of Defence [2012] EWCA Civ 1505: The Court of Appeal held that a 61 year old man who suffered from hearing loss should have been curious as to the cause rather than assume it was age related, so that his claim was out of time
  • Malone v Relyon [2014] EWCA Civ 904. The Court of Appeal overruled a decision on section 33 of the Limitation Act in a case involving exposure over different periods with different levels of prejudice arising.
  • Other Court of Appeal cases include Spencer v Boots (work related upper limb disorder in Chemist) and Warner v Huntingdonshire DC (manual handling of refuse collectors).
  • Reported High Court cases include:
  • Passmore v Evan Cook [2012] EWHC 4051 (whether Claimant suffered from asbestos induced mesothelioma)
  • Pattani v ICICI Bank [2014] EWHC 4356 (manual handling/fibromyalgia said to have arisen from bank employee carrying promotional material)
  • McDade v Critchlow [2014] EWHC 1261 (stress at work of paralegal at solicitors’ firm)
  • Myall v Ministry of Defence, Serco [2017] EWHC 1752 (case management of mesothelioma including the Claimant seeking split trial so as to pursue new immunotherapy treatment, the application being refused given a lack of evidence).
  • Other ongoing cases include:
  • Claims for new immunotherapy treatments for mesothelioma.
  • Withdrawal of admission of liability in a respiratory illness case.
  • Applications contesting the court’s jurisdiction where proceedings have been served following extensions of time for service.
  • Limitation cases in noise induced hearing loss and upper limb disorder cases.
  • Stress at work and bullying claims.
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Qualifications


 

  • BA (Hons) , Peterhouse College, Cambridge (Exhibitioner)
  • William was a founder member of Crown Office Chambers and lives in Cardiff and London.

Memberships


  • London Common Law Bar Association
  • Personal Injury Bar Association
  • Professional Negligence Bar Association
  • Member of Lincoln’s Inn

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