Najib v John Laing Plc [2011] EWHC 1016 (QB) (19 April 2011)

Najib v John Laing Plc [2011] EWHC 1016 (QB) (19 April 2011)

The court held that the claimant was entitled to damages at the top end of the JSB range due to the severity and duration of his suffering, allowed reasonable costs for aids and equipment to alleviate suffering, permitted recovery of alternative treatment costs as the claimant's actions were reasonable in the circumstances, and applied the conventional 50% deduction for living expenses in the lost years calculation due to insufficient evidence to displace it.

Citation
[2011] EWHC 1016
Parties
Claimant: Mohammed Najib; Defendant: John Laing PLC
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Personal Injury / Assessment of Damages After Judgment
Outcome
Judgment for the claimant
Legal Topics
Negligence, Asbestos Exposure, Mesothelioma, Damages Assessment, Lost Years Claim
Tort Law Personal Injury Negligence Asbestos Exposure Mesothelioma Damages Assessment Lost Years Claim

Case Brief

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Parties

Mohammed Najib

Claimant

John Laing PLC

Defendant

Procedural Posture

Personal Injury / Assessment of Damages After Judgment

Legal Issues

  1. 1 Appropriate quantum of general damages for mesothelioma
  2. 2 Entitlement to damages for aids and equipment
  3. 3 Recoverability of costs for alternative treatment and medication

Ratio Decidendi

The court held that the claimant was entitled to damages at the top end of the JSB range due to the severity and duration of his suffering, allowed reasonable costs for aids and equipment to alleviate suffering, permitted recovery of alternative treatment costs as the claimant's actions were reasonable in the circumstances, and applied the conventional 50% deduction for living expenses in the lost years calculation due to insufficient evidence to displace it.

Court Disposition

Judgment for the claimant

Orders

  • Damages awarded in the sum of £124,311.20 after deductions for interim payment, interest, and CRU recoverable benefits.