In Smith v. W. Ford & Sons [2021] EWHC 1749, Stephen Glynn, acting for the widow of a mesothelioma victim, successfully resisted the defendant’s attempt to subvert the masters’ usual practice of not cost budgeting in any asbestos disease case.
The defendant argued that the case should be subjected to budgeting and that the RCJ practice of not budgeting asbestos claims was wrong in principle. Master Davison disagreed. He made the point that the ability of the RCJ to list terminally ill asbestos cases as quickly as they currently are would not be possible if budgeting was applied to all asbestos cases.
Moreover, he said that QB and Chancery masters did not share the defendant’s view that budgeting controlled costs better or more effectively than detailed assessment. However he refused to be drawn further saying this was a “somewhat sensitive issue”. The defendant has lodged an appeal.
They join us from Great James Street Chambers. Nick is an experienced leading junior, noted for his particular ability to cut through complex issues of fact and law in order to get to the heart of the case. Nick’s practice is in defending clients…
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