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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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