Cases by Area of Law


Coventry University v Mian

[2014] EWCA Civ 1275

Barrister: Andrew McLaughlin 
Area of Law:
 Industrial Disease
Summary: Andrew successfully represents the defendant in the Court of Appeal in the work-related stress case of Coventry University v Mian [2014] EWCA Civ 1275Andrew was instructed by Matthew Harrington of BLM solicitors Cardiff on behalf of QBE Insurance in this successful appeal against a decision of HHJ Barrie that the university was liable to Dr Mian, a senior lecturer, for work-related stress.

Download judgment: Coventry University v Mian
View news article: Andrew McLaughlin successfully represents the defendant in the Court of Appeal in work-related stress case

Percy Leonard McDonald v (1) Department for Communities and Local Government; and (2) National Grid Electricity Transmission PLC

[2013] EWCA Civ 1346

Barrister: Matthew White
Area of Law: Personal Injury
Summary:
 Matthew succeeded in the Court of Appeal in a battle over exposure to a modest amount of asbestos in the 1950s. The judgment confirms that there must be enough exposure for harm to have been foreseeable at the time of exposure for a claim in negligence to succeed. A claimant can succeed against an occupier responsible for asbestos on (effectively) a strict liability basis under the Asbestos Industry Regulations 1931 without needing to prove foreseeability, but an employer is not liable for an occupiers’ breach on the basis of a non-delegable duty.

For a more detailed discussion of the case, click here.

STOP PRESS:- An appeal by the occupier defendant (seeking to contend that Cherry Tree was wrongly decided) and a cross appeal by the claimant was heard by the Supreme Court in February 2014. The result is awaited.”

 

Susanne Goode v Abertawe Bro Morgannwg University Health Board

Barrister: Andrew McLaughlin 
Area of Law:
Industrial Disease
Summary: Andrew was instructed by Andrew Hynes, NWSSP Legal & Risk Services and successfully acted for the defendant in a claim for acoustic shock by a telephonist following exposure to white noise. The claimants expert was found to have been partisan and the Judge doubted if acoustic shock was even a syndrome. This is a useful review of literature relating to acoustic shock generally. Reported on Lawtel for 2013.

Stephen Rees v Abertawe Bro Morgannwg University NHS Trust

Barrister: Andrew McLaughlin 
Area of Law:
Industrial Disease
Summary:
Andrew was instructed by Andrew Hynes, NWSSP Legal & Risk Services to act for the defendant in this 8-day High Court stress at work trial. A former member of the senior management team in the estates department of the defendant claimed circa 3/4 million for stress at work. Complicated psychiatric evidence reported on Lawtel for 2013.