Dowdall v William Kenyon & Sons Ltd & Ors [2014] EWHC 2822 (QB) (12 August 2014)

Dowdall v William Kenyon & Sons Ltd & Ors [2014] EWHC 2822 (QB) (12 August 2014)

The proceedings are not an abuse of process because the defendants were not parties to the first action and there is no evidence of unjust harassment or manipulation. There is no cause of action estoppel as the parties are not the same. The 2003 settlement did not extinguish the present claims because it did not represent full satisfaction for mesothelioma, which had not developed at that time. However, the claims are statute-barred under the Limitation Act 1980, as the claimant had or ought reasonably to have had knowledge of the defendants' identities and the relevant facts more than three years before issuing proceedings. The court must consider whether to exercise its discretion under...

Citation
[2014] EWHC 2822
Parties
Claimant: John Patrick Dowdall; First Defendant: William Kenyon & Sons Limited; Second Defendant: BECA (Engineers) Limited; Third Defendant: Greenfield & Payne Limited
Jurisdiction
England and Wales
Judgment Date
12 August 2014
Procedural Posture
Personal Injury—industrial Disease (asbestos) / Preliminary Issues Trial—abuse of Process, Estoppel, Limitation
Outcome
Claims are statute-barred under the Limitation Act 1980; court to consider exercise of discretion under section 33.
Legal Topics
Asbestos Related Disease, Mesothelioma, Limitation Act 1980, Abuse of Process, Estoppel, Concurrent Tortfeasors, Provisional Damages, Settlement and Compromise
Tort Law Personal Injury Civil Procedure Asbestos Related Disease Mesothelioma Limitation Act 1980 Abuse of Process Estoppel +3 more

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Parties

John Patrick Dowdall

Claimant

William Kenyon & Sons Limited

First Defendant

BECA (Engineers) Limited

Second Defendant

Greenfield & Payne Limited

Third Defendant

Procedural Posture

Personal Injury—industrial Disease (asbestos) / Preliminary Issues Trial—abuse of Process, Estoppel, Limitation

Legal Issues

  1. 1 Whether the present proceedings are an abuse of process
  2. 2 Whether the claimant is estopped from bringing the present proceedings
  3. 3 Whether the present proceedings are barred by the Limitation Act 1980

Ratio Decidendi

The proceedings are not an abuse of process because the defendants were not parties to the first action and there is no evidence of unjust harassment or manipulation. There is no cause of action estoppel as the parties are not the same. The 2003 settlement did not extinguish the present claims because it did not represent full satisfaction for mesothelioma, which had not developed at that time. However, the claims are statute-barred under the Limitation Act 1980, as the claimant had or ought reasonably to have had knowledge of the defendants' identities and the relevant facts more than three years before issuing proceedings. The court must consider whether to exercise its discretion under...

Court Disposition

Claims are statute-barred under the Limitation Act 1980; court to consider exercise of discretion under section 33.