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 for mesothelioma due to the severity and progression of his illness, allowed the full costs of alternative treatment as it was reasonable for the claimant to pursue it, applied the conventional 50% deduction for living expenses in the lost years claim due to insufficient evidence to justify a lower deduction, and allowed the costs for aids and equipment that would reasonably alleviate the claimant's suffering.

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

Legal Issues

  1. 1 Assessment of general damages for mesothelioma
  2. 2 Reasonableness and recoverability of alternative medical treatment costs
  3. 3 Appropriate deduction for living expenses in lost years claim

Ratio Decidendi

The court held that the claimant was entitled to damages at the top end of the JSB range for mesothelioma due to the severity and progression of his illness, allowed the full costs of alternative treatment as it was reasonable for the claimant to pursue it, applied the conventional 50% deduction for living expenses in the lost years claim due to insufficient evidence to justify a lower deduction, and allowed the costs for aids and equipment that would reasonably alleviate the claimant's suffering.

Court Disposition

Judgment for the claimant

Orders

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