Horsley v Cascade Insulation Services Ltd & Ors [2009] EWHC 2945 (QB) (18 November 2009)

Horsley v Cascade Insulation Services Ltd & Ors [2009] EWHC 2945 (QB) (18 November 2009)

The claimant is entitled to damages for asbestosis contracted during employment with the first and second defendants, apportioned according to their respective contributions to exposure. General damages are set at £45,000, reflecting the JSB guideline for the claimant's level of disability. Future loss of earnings...

Source-derived case information.

Citation
[2009] EWHC 2945
Parties
Claimant: Trevor Martin Horsley; First Defendant: Cascade Insulation Services Limited; Second Defendant: C & D (Insulation Operations) Limited; Third Defendant: Pinnacle Services Limited
Jurisdiction
England and Wales
Judgment Date
18 November 2009
Procedural Posture
Personal Injury Claim / Assessment of Damages Following Judgment on Liability
Outcome
Damages awarded to claimant against first and second defendants, apportioned by agreed percentages; quantum subject to further calculation and submissions.
Legal Topics
Asbestosis, Damages, Causation, Contributory Negligence, Apportionment, Future Loss of Earnings
Tort Law Personal Injury Asbestosis Damages Causation Contributory Negligence Apportionment Future Loss of Earnings

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Parties

Trevor Martin Horsley

Claimant

Cascade Insulation Services Limited

First Defendant

C & D (Insulation Operations) Limited

Second Defendant

Pinnacle Services Limited

Third Defendant

Procedural Posture

Personal Injury Claim / Assessment of Damages Following Judgment on Liability

Legal Issues

  1. 1 Whether the claimant is entitled to damages for asbestosis contracted during employment
  2. 2 How damages should be quantified including future loss of earnings and general damages
  3. 3 Whether contributory negligence applies due to the claimant's smoking

Ratio Decidendi

The claimant is entitled to damages for asbestosis contracted during employment with the first and second defendants, apportioned according to their respective contributions to exposure. General damages are set at £45,000, reflecting the JSB guideline for the claimant's level of disability. Future loss of earnings is limited to salary from Western Thermal Ltd, with no award for Dubai income due to unreliable evidence. The claimant's likely retirement age is 65, not 70. Deductions are made for contributory negligence (20%) due to smoking and for the risk of being unable to work from smoking-related disease (15%). The final quantum is subject to further calculation and submissions,...

Court Disposition

Damages awarded to claimant against first and second defendants, apportioned by agreed percentages; quantum subject to further calculation and submissions.

Orders

  • General damages awarded at £45,000 plus interest.
  • Future loss of earnings to be calculated based on salary from Western Thermal Ltd, with deductions for tax, national insurance, and smoking-related risks.