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 present defendants were not parties to the first action and there is no evidence of manipulation or unjust harassment. The 2003 settlement did not extinguish the claimant's cause of action for mesothelioma, as the claim for risk of mesothelioma is conceptually distinct from a claim for mesothelioma itself, which only accrues upon development of the disease. However, the claims against all defendants are statute barred under the Limitation Act 1980, as the claimant had or ought reasonably to have had knowledge of the identity of the defendants and the material facts more than three years before issuing proceedings. The court declines...

Citation
[2014] EWHC 2822 (QB)
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 Claim (asbestos Related Disease) / Preliminary Issues Trial in High Court, Queen's Bench Division
Outcome
Claims against all defendants dismissed as statute barred; no abuse of process or estoppel found.
Legal Topics
Asbestos Related Disease, Mesothelioma, Limitation Act 1980, Abuse of Process, Estoppel, Concurrent Tortfeasors, Provisional Damages, Settlement and Compromise
Tort Law Personal Injury Limitation Law Civil Procedure Asbestos Related Disease Mesothelioma Limitation Act 1980 Abuse of Process +4 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 Claim (asbestos Related Disease) / Preliminary Issues Trial in High Court, Queen's Bench Division

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 present defendants were not parties to the first action and there is no evidence of manipulation or unjust harassment. The 2003 settlement did not extinguish the claimant's cause of action for mesothelioma, as the claim for risk of mesothelioma is conceptually distinct from a claim for mesothelioma itself, which only accrues upon development of the disease. However, the claims against all defendants are statute barred under the Limitation Act 1980, as the claimant had or ought reasonably to have had knowledge of the identity of the defendants and the material facts more than three years before issuing proceedings. The court declines...

Court Disposition

Claims against all defendants dismissed as statute barred; no abuse of process or estoppel found.

Orders

  • Claims against William Kenyon & Sons Limited, BECA (Engineers) Limited, and Greenfield & Payne Limited are dismissed as statute barred under the Limitation Act 1980.
  • No order as to abuse of process or estoppel.