Kings’ Jeremy Roussak has successfully defeated a Defendant’s application in a mesothelioma claim to vacate a trial, heard two working days before it was due to start. The Claimant brought a mesothelioma claim on behalf of her deceased husband. The Defendant’s defence relied entirely on expert evidence to argue that the deceased’s exposure had been insufficient to cause him injury. However, the Defendant’s solicitors had not informed the expert of the trial window. When the trial date was set, the expert indicated he was unavailable, but no application was made until after exchange of expert evidence. The application was heard on 15.11.19 and the trial was due to start on 19.11.19.
The judge accepted that in dismissing the application the Defendant would be deprived of its defence but found that this position was entirely of the defendant’s own making. Jeremy submitted that it would be highly prejudicial to the Claimant if the matter did not proceed, given her age and the circumstances of the case.
The judge (HHJ Freedman) dismissed the application, on the basis that it would not be fair or just to vacate the trial. A summary is available on Lawtel.
Jeremy was instructed by Irwin Mitchell.
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Did you miss our 'Issues & Trends in Property & Affairs' #webinar? The @Kings_Chambers P&A team was joined by Senio… https://t.co/bq1IxbeFYo Kings Chambers 7 hours, 3 minutes ago..
The Government is rushing through new process to apply for a “Pavement Licence”. Join #Licensing Experts… https://t.co/ueRJVvTPk1 Kings Chambers 3 days, 10 hours ago..
Missed our #employment #webinar on "The Impact of Covid 19 on BAME workers and employees" with Anisa Niaz-Dickinson… https://t.co/AgxzDrmm3f Kings Chambers 1 week, 1 day ago..
Join the @KingsCOPTeam Property & Affairs barristers as they welcome Senior Judge Hilder for a webinar on important… https://t.co/LiAnjnplop Kings Chambers 1 week, 3 days ago..
@Kings_Chambers barrister @CollinsonFay is delighted to be joining Alison Taylor, Head of Training @Frenkel_Topping… https://t.co/392Z5BWv0B Kings Chambers 1 week, 3 days ago..
© Copyright 2020 Kings Chambers. All rights reserved.
Coronavirus (CoVID-19) Public Health England (PHE) recommendations – please view our important guidelines.
Continue using site