Summary of Recent Cases – Substantive Law




DAMAGES

Assessment Of Damages For Pain, Suffering And Loss of Amenity For Mesothelioma
Ball v. Secretary of State For Energy and Climate Change, QBD, 10/02/12
Swift J was required to assess damages for pain, suffering and loss of amenity in respect of the 92 year old Claimant who had contracted mesothelioma following exposure to asbestos dust during the course of his former employment with the defendant. Swift J was required to consider the fact that the 10th Edition of the Judicial Studies Board Guidelines provided for a lower level award of £35,000.00 in respect of mesothelioma, whereas the 9th Edition provided for a lower level award of £52,500.00. Swift J commented that it was difficult to understand the basis for the lower figure of £35,000.00 provided within the 10th Edition of the Judicial Studies Board Guidelines. Swift J held that despite his age, the Claimant’s disease had had and would have a devastating effect upon his life and that the appropriate level of award would be £50,000.00.

March 19, 2012 · Editorial Team · Comments Closed
Posted in: Cases