Horsley v Cascade Insulation Services Ltd & Ors

Damages awarded based on apportionment of liability for asbestosis, with deductions for contributory negligence due to smoking, exclusion of unreliable Dubai company income, and calculation of future loss of earnings based on salary from Western Thermal Ltd, not dividends, using a multiplier to retirement age 65 and further discounts for tax and smoking-related risks.

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 / Judgment
Outcome: Damages awarded against First and Second Defendants; proceedings against Third Defendant discontinued.
Legal Topics: Asbestosis, Causation, Contributory Negligence, Damages, Apportionment, Future Loss of Earnings

Tort Personal Injury Employment Law Asbestosis Causation Contributory Negligence Damages Apportionment +1 more

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 12

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 / Judgment

Legal Issues

1 Causation of asbestosis
2 Contributory negligence due to smoking
3 Quantification of damages

Ratio Decidendi

Court Disposition

Damages awarded against First and Second Defendants; proceedings against Third Defendant discontinued.

Orders

Damages assessed with apportionment: First Defendant 23.26%, Second Defendant 31.01%.
General damages set at £45,000.