Green v Vickers Defence Systems & Ors [2002] EWCA Civ 904 (12 June 2002)

Green v Vickers Defence Systems & Ors [2002] EWCA Civ 904 (12 June 2002)

The consent order and agreed statement of facts expressly provided for full liability for future damages arising from mesothelioma caused by asbestos exposure, and did not reserve causation as an open issue; therefore, the defendants could not contest causation in the subsequent claim for mesothelioma damages.

Citation
[2002] EWCA Civ 904
Parties
Claimant/appellant: Sheila Green; Defendant/respondent: Vickers Defence Systems; Defendant/respondent: Vickers Armstrong Engineers Limited; Defendant/respondent: Vickers Engineering PLC; Defendant/respondent: Marconi Marine (VSEL) Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Provisional Damages, Causation, Consent Orders, Asbestos Related Disease, Fatal Accidents Act
Tort Personal Injury Civil Procedure Provisional Damages Causation Consent Orders Asbestos Related Disease Fatal Accidents Act

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Parties

Sheila Green

Claimant/appellant

Vickers Defence Systems

Defendant/respondent

Vickers Armstrong Engineers Limited

Defendant/respondent

Vickers Engineering PLC

Defendant/respondent

Marconi Marine (VSEL) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the consent order precluded the defendants from raising causation as a defence in subsequent proceedings for mesothelioma damages
  2. 2 Proper construction of a consent order for provisional damages in asbestos litigation

Ratio Decidendi

The consent order and agreed statement of facts expressly provided for full liability for future damages arising from mesothelioma caused by asbestos exposure, and did not reserve causation as an open issue; therefore, the defendants could not contest causation in the subsequent claim for mesothelioma damages.

Court Disposition

Appeal allowed

Orders

  • Order of District Judge Atherton of 10th October 2001 restored
  • Judgment entered for the claimant against each defendant for amounts to be decided