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
The second episode of the #AgentofChange video #podcast is now available!
In this episode, @SarahCloverBar delves… https://t.co/0pFukxwJgr Kings Chambers 5 days, 4 hours ago..
Episode 1 of the #AgentofChange video podcast is now live! @SarahCloverBar provides a guide as to what the Agent o… https://t.co/jGYQykACyQ Kings Chambers 1 week, 4 days ago..
We are currently looking for an individual to become a member of the Chambers’ Front of House team.
Application de… https://t.co/LpZ4zVa1Em Kings Chambers 1 week, 6 days ago..
We are delighted to announce that @Kings_Chambers and four other sets specialising in Planning, Property and Publi… https://t.co/tOduZiN8sY Kings Chambers 1 week, 6 days ago..
@SarahCloverBar introduces the #AgentofChange video podcast in which she will help you understand all things Agent… https://t.co/qZYsT9Olx4 Kings Chambers 2 weeks, 5 days ago..
© Copyright 2021 Kings Chambers. All rights reserved.
Please click here to view our current guidelines