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
Register now for our upcoming #courtofprotection webinar with Arevik Jackson!
She will provide a comprehensive ov… https://t.co/OvnZBK1GF6 Kings Chambers 4 days, 14 hours ago..
Team @Kings_Chambers were thankful for a bit of sunshine on the Legal Walk yesterday evening!
A big thank you to… https://t.co/IREGKfhzAZ Kings Chambers 5 days, 15 hours ago..
Team @Kings_Chambers are limbering up for the @ATJFYorkshire Leeds Legal Walk!
The Leeds #LegalWalk gathers the lo… https://t.co/XI0xTe3xzH Kings Chambers 6 days, 8 hours ago..
Congratulations to @stephenrloxton, Gary Smith and the team for completing the C2C challenge! Despite a few hurdles… https://t.co/52VkvDmTw1 Kings Chambers 6 days, 10 hours ago..
Kings Chambers is delighted with the results of The Planning Law Survey 2022, published on 24th June, with 14 membe… https://t.co/awBOtqm3xr Kings Chambers 1 week, 2 days ago..
© Copyright 2022 Kings Chambers. All rights reserved.