Patterson v Smith Dock Ltd & Anor

Patterson v Smith Dock Ltd & Anor

The appeals in Patterson and Murray are dismissed with costs as the Court of Appeal found no basis to disturb the High Court's decisions and no sufficient grounds to grant leave to appeal to the House of Lords, given the unanimity and reliance on existing authority.

Parties
Respondent/claimant: Patterson (Son and Executor of the Estate of J Patterson (Deceased)); Appellants/defendants: Smith Dock Ltd and Anr; Respondent/claimant: Murray (Widow and Executrix of Estate of JL Murray (Deceased)); Appellants/defendants: Whessoe PLC and Others
Jurisdiction
England and Wales
Judgment Date
05 May 2004
Procedural Posture
Civil Appeal / Appeal From High Court; Application for Leave to Appeal to House of Lords
Outcome
Appeals dismissed; leave to appeal to House of Lords refused
Legal Topics
Mesothelioma Claims, Apportionment of Liability, Policy Considerations in Tort, Leave to Appeal
Tort Law Personal Injury Mesothelioma Claims Apportionment of Liability Policy Considerations in Tort Leave to Appeal

Case Brief

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Parties

Patterson (Son and Executor of the Estate of J Patterson (Deceased))

Respondent/claimant

Smith Dock Ltd and Anr

Appellants/defendants

Murray (Widow and Executrix of Estate of JL Murray (Deceased))

Respondent/claimant

Whessoe PLC and Others

Appellants/defendants

Procedural Posture

Civil Appeal / Appeal From High Court; Application for Leave to Appeal to House of Lords

Legal Issues

  1. 1 Whether appeals in Patterson and Murray should be dismissed
  2. 2 Whether leave to appeal to the House of Lords should be granted on apportionment and liability issues in mesothelioma cases

Ratio Decidendi

The appeals in Patterson and Murray are dismissed with costs as the Court of Appeal found no basis to disturb the High Court's decisions and no sufficient grounds to grant leave to appeal to the House of Lords, given the unanimity and reliance on existing authority.

Court Disposition

Appeals dismissed; leave to appeal to House of Lords refused

Orders

  • Appeals in both cases dismissed with costs
  • Application for leave to appeal to the House of Lords refused