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22 March 2013 / Robert O'Leary
Issue: 7553 / Categories: Features , Personal injury
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Double or nothing

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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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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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