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Living Mesothelioma Claim: Damages Assessed in Life, and More to Follow After Death - Dominic Collingwood, DWF LLP

01/06/17. Andreou v S Booth Horrocks & Sons Limited, High Court (QBD), 13 January 2017. The recent decision of Judge Walden-Smith highlights the difficult task facing the judiciary in assessing the damages payable to a claimant unfortunate enough to have the terminal asbestos related disease mesothelioma.

Mr Andreou is one such claimant, who proceeded to trial and was able to recover damages under certain heads of claim and had an element of the damages claimed adjourned, to be assessed at a later date, following his death.

Dominic Collingwood looks at the issues in Andreou v S Booth Horrocks & Sons Limited (2017).

Living mesothelioma claims: background

It is worth considering at this point some background to mesothelioma claims brought during the claimant's lifetime, and winding the clock back about ten years to the 2006 High Court decision of the then Senior Master, Master Whittaker, in Boden v Crown House Maintenance Limited.

The Master decided that it was not an abuse of process to deal with liability and an immediate interim payment first, and then adjourn the assessment of damages until after the claimant had died, on the basis that the claim would become more valuable on...

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