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Personal injury update

As PI lawyers, on both sides, try to grasp changes introduced following the Jackson reforms, the ripple effect of rulings such as Mitchell are being felt by many, says Vijay Ganapathy

6 May 2014

Associated Electrical Industries Ltd v Alston UK [2014] EWHC 430 affirms the new strict approach now being adopted by courts. In fact, the court in this case conceded it would have reached a different conclusion had it not been for Mitchell.

A former employee, who was exposed to asbestos at a mechanical engineering plant, developed mesothelioma (a terminal lung cancer) from which he sadly died. His widow sued Associated Electrical Industries, A, which
formerly operated this plant, but there was
some uncertainty as to whether it or Alston UK,
G, held liability as there had been various business transfers following the exposure.

In any event, and as this was a mesothelioma case, A and G settled the widow’s claim with each paying half the damages without prejudice to the claim they had against each other.

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