Richard Livingston


Occupational Disease

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Stephen Loxton
Paul Clarke


Occupational Disease

Richard has recently been involved in the litigation and conclusion of the following cases which are notable either due to their value or nature of the issues involved (the names of the parties have been anonymised):-

Significant Reported Cases

Richard is instructed as Junior Counsel in the Aerotoxicity Litigation. The Claimants comprise pilots and cabin crew who have been allegedly exposed to partially pyrolised engine oil/hydraulic fluid containing mixtures of Organophosphates (led by Michael Rawlinson QC).

Representing a Claimant diagnosed with mesothelioma.  Liability and diagnosis disputed. The Defendant sought to extend Williams v University of Birmingham to 1982. The case settled at full value shortly before an expedited trial at the High Court. (led by Michael Rawlinson QC).

Acting for the Dependents of lung cancer victim. A claim for pleural plaques was compromised for notional damages against one employer during the Deceased’s lifetime. This compromise did not allow for provisional damages. The Deceased’s Estate subsequently issued a claim against another employer following his death. The Defendant argues: Accord and Satisfaction; Abuse of Process/Issue Estoppel in line with Jameson v CEGB [2000] and seeks to challenge Dowdell v William Kenyon [2014] and Lloyd v Humphreys & Glasgow Ltd [2015]. The case is listed for a 5-day High Court Trial in 2017 (led by Harry Steinberg QC).

Acting for a Claimant who suffered mesothelioma as a consequence of exposure to asbestos dust in Sicily. Involved issues of jurisdiction and conflict of laws (led by Michael Rawlinson QC).

Acted for the Dependents of an engineer who succumbed to mesothelioma. The case settled shortly before a 5-day trial at the Royal Courts of Justice. The case involved issues of the correct approach to Williams v University of Birmingham and whether the (then) traditional approach to a dependency claim under Cookson v Knowles should continue to apply (led by Michael Rawlinson QC).

Acting for the Dependents of a primary school teacher who succumbed to mesothelioma. It is alleged that he was exposed to asbestos emanating from the fabric of the school building. The case is listed for a trial at the High Court in 2017 (led by Michael Rawlinson QC).

Acting without a leader in numerous cases where the Claimant has succumbed to mesothelioma or asbestos-related lung cancer.

Acting for a Claimant who developed nasal cancer as a consequence of exposure to wood dust.

Acting for a Defendant at an appeal against the outcome of a show cause hearing in a mesothelioma case - Austin v Plumb Furniture Systems Ltd (Reported on Lawtel).

Acting for a Defendant in a living mesothelioma claim where the Claimant’s exposure took place pre-1975. The case is defended on the basis that the Claimant’s exposure to asbestos was so light as to not give rise to a foreseeable risk of injury.

Acting for a Defendant in a silicosis trial where the allegation was raised that the Claimant had suffered no actionable injury on the basis that his condition was asymptomatic - Mills v J P Barnes & Sons Ltd (Reported on Lawtel).

Acting for several Claimants where the Defendant contends that their asbestosis is non-actionable on account of it being asymptomatic.

Acting for a Defendant in defence of a harassment/stress claim. The Claimant discontinued shortly before trial.


 

"He commands respect by virtue of his knowledge, diligent preparation and always being prepared to listen."

Legal 500

Profile

Richard specialises in all aspects of Personal Injury and Clinical Negligence work. His practice encompasses injuries of the utmost severity and he regularly acts alone in cases where the value is pleaded up to £1,000,000. He has secured millions of pounds of compensation for seriously injured Claimants and their Dependants. He also defends cases of similar value at Trial, and at Joint Settlement Meetings, for numerous Insurers and the Motor Insurers’ Bureau. He has secured substantial awards before the Criminal Injuries Compensation Authority, where the damages initially awarded were inadequate.

Richard has developed a substantial reputation in the field of Occupational Disease. He is regularly instructed by Claimants and Defendants alike in claims involving benign and malignant asbestos-related conditions (pleural thickening, asbestosis, asbestos-related lung cancer, mesothelioma), asthma, chemical exposure (COSHH claims), carpal tunnel syndrome, hand arm vibration syndrome, noise induced hearing loss, occupational stress/harassment, upper limb disorders, tenosynovitis, silicosis and dermatitis. He is on a number of Insurers’ panels. Richard regularly undertakes limitation trials and has lectured extensively on the subject.

He is regularly instructed in cases involving Chronic Pain Syndromes, Complex Regional Pain Syndromes, Chronic Fatigue Syndromes, Somatoform Pain Disorders, Somatic Symptom Disorders, Conversion Disorders and Fibromyalgia.

Richard also practises in the fields of Clinical and Dental Negligence and is instructed by Claimants, the MDU and the NHSLA.

Richard also has a substantial professional negligence practice in the context of negligently mishandled personal injury and clinical negligence actions.

He is regarded as having a practice well beyond his call.

Year of Call: 2006

Areas of Expertise
  • Clinical Negligence
  • Occupational Disease
  • Pain Syndromes
  • Personal Injury
  • Professional Negligence

Memberships

PIBA

Northern Circuit

North Eastern Circuit

Qualifications

University: University of Manchester

Degree: BA (First Class Honours) English Language and Literature

Year of Call: 2006 (Middle Temple)

Awards: Middle Temple Benefactors' Scholar

 

Recommendations

Legal 500 2018:

‘Undaunted by any task.’

Legal 500 2017:

‘He commands respect by virtue of his knowledge, diligent preparation and always being prepared to listen.’

Legal 500 2015:

“He has a practice beyond his call”

 

© Copyright 2017 Kings Chambers. All rights reserved.

Scroll to Top