David McNally v Gentoo Group Limited
On the balance of probabilities, the claimant is suffering from mesothelioma, based on the totality of immunohistology, molecular results (particularly NF2 mutation), and radiology, despite the Claudin-4 test result.
- Parties
- Claimant: David McNally; Defendant: Gentoo Group Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 31 March 2026
- Procedural Posture
- Personal Injury / Judgment
- Outcome
- Claim allowed
- Legal Topics
- Asbestos Exposure, Mesothelioma Diagnosis, Causation, Quantum, Expert Evidence
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Parties
David McNally
Claimant
Gentoo Group Limited
Defendant
Procedural Posture
Personal Injury / Judgment
Legal Issues
- 1 Whether the claimant is suffering from mesothelioma or lung cancer
- 2 Whether molecular analysis or conventional diagnostics should be determinative in diagnosis
Ratio Decidendi
On the balance of probabilities, the claimant is suffering from mesothelioma, based on the totality of immunohistology, molecular results (particularly NF2 mutation), and radiology, despite the Claudin-4 test result.
Court Disposition
Claim allowed
Orders
- Claimant to recover damages of £250,000 subject to deduction of statutory benefits
- Counsel to draw up appropriate order for approval
Full Case Text
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