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Double or nothing

22 March 2013 / Robert O'Leary
Issue: 7553 / Categories: Features , Personal injury
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Robert O’Leary outlines what a claimant needs to prove in an occupational cancer claim in light of the Phurnacite Workers Group Litigation

The legal principles applicable to occupational cancer claims are the same as those in other personal injuries actions. The claimant must prove that the defendant owed him a duty in law, that the duty was breached, and that the breach has caused him injury, loss and damage. In such cases, however, other than those involving mesothelioma, the important question is often raised of how the burden of proof can be discharged where there are alternative potential causes of a disease.

Sienkiewicz

Before the decision of the Supreme Court in Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council [2011] UKSC 10, a mesothelioma claim, the test applied by the courts was whether the claimant had proved that the defendant’s breach of duty more than doubled the relative risk of the claimant contracting the disease (the “doubles the risk” test). The “doubles the risk” test had been applied

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The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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