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.
This case note by Dominique Smith, who acted for the claimants, explains the factual basis of this cross-border clinical negligence claim and provides analysis about the significance of the judgment. Dominique was instructed by Phil Banks, Carly McGill and Daniella Preger of Irwin Mitchell. Last week,…
The updated version of “Toolkit 13 – Vulnerable Witnesses in the Family Courts” is now available online and can be accessed here. It also includes a new Crib Sheet for ease of access. The toolkit provides guidance and advice as to how to approach proceedings where…
In this week’s Dekagram Bethany Hutchison considers the consequences of failing to acknowledge service, failing to apply for permission to be heard on an application for summary judgment, and failing to attend the hearing of the application. Spoiler: it didn’t go well for the defendant…
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