The Claimant issued a claim for alleged negligent environmental
exposure to asbestos, resulting in her mesothelioma diagnosis. The
trial date was set for December 2019. In August 2019, the Defendant
applied for permission to rely on further expert evidence in
defence of a mesothelioma claim by a former employee. The
application was refused.
The court had previously approved the provision of expert
reports for both Claimant and Defendant. The Claimant's expert
(A) estimated the Claimant's life expectancy, at most, to be
September 2020. The expert also commented that the exposure to
asbestos resulted in a 3-5% material increase in developing
mesothelioma. The Claimant was granted permission to rely upon
A's report. The Defendant reserved the right to obtain their
own evidence.
