Ward v Newalls Insulation Company Ltd & Anor, Court of Appeal - Civil Division, February 19, 1998, [1998] 2 All ER 690,[1998] 1 WLR 1722,[1998] EWCA Civ 287
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Ward v Newalls Insulation Company Ltd & Anor, Court of Appeal - Civil Division, February 19, 1998, [1998] 2 All ER 690,[1998] 1 WLR 1722,[1998] EWCA Civ 287
IN THE SUPREME COURT OF JUDICATURE FC3 97/6243/CIN THE COURT OF APPEAL (CIVIL DIVISION) QBENF 96/1094/CON APPEAL FROM THE HIGH COURT OF JUSTICEQUEEN'S BENCH DIVISIONSHEFFIELD DISTRICT REGISTRY(HIS HONOUR JUDGE FRICKER QC (SITTING AS A DEPUTY HIGH COURT JUDGE)) Royal Courts of Justice Strand London WC2 Thurdsay, 19 February 1998 B e f o r e: LADY JUSTICE BUTLER-SLOSS LORD JUSTICE HENRY LORD JUSTICE POTTER - - - - - - BRYAN WARD Plaintiff/Appellant - v - NEWALLS INSULATION COMPANY LIMITED First Defendant/Respondent -v- CAPE CONTRACTS LIMITED Second Defendants/Respondent - - - - - - (Computer Aided Transcript of the Palantype Notes of Smith Bernal Reporting Limited, 180 Fleet Street, London EC4A 2HD Tel: 0171 831 3183 Official Shorthand Writers to the Court) - - - - - - MR D BRENNAN QC & MR A SPINK (Instructed by Irwin Mitchell, Sheffield, S1 2EL) appeared on behalf of the AppellantMR S POWLES QC (Instructed by Messrs Edward Lewis, Verulam Gardens, 70 Gray's Inn Road, London, WC1X 8NF) appeared on behalf of the Respondents - - - - - - J U D G M E N T (As approved by the Court) - - - - - - ©Crown CopyrightLORD JUSTICE HENRY: This is the judgment of the Court. The plaintiff appellant, Mr Ward, is now aged 48. His early working years, between 17 and 27, were spent working for the first and second defendants. In the course of such employment, he was exposed to asbestos. As a result of the admitted negligence of the defendants, that exposure has caused him to suffer a progressive and restrictive lung disease. The symptoms of this disease were first observed at the end of 1988, and diagnosed in 1989. It is a condition that has got, and still is getting, progressively worse. Mr Ward's life expectancy is reduced, and he may yet develop even more serious conditions, such as mesothelioma or lung cancer. He now appeals against an award of damages and interest of £440,167.10 awarded by His Honour Judge Fricker QC (sitting as a High Court judge) on 9th July 1996, an award made on the assumption that he would not at some later date develop lung cancer and/or mesothelioma as a result of his exposure to asbestos, with liberty to him to apply to the court for further damages if he did. Thanks to the good sense and r...See the full content of this document
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