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.
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