Najib v John Laing Plc

Najib v John Laing Plc

The court awarded general damages at the top of the JSB range due to the claimant's severe pain and suffering, allowed reasonable costs for aids and equipment to alleviate suffering, found the alternative treatment costs recoverable given the circumstances, and applied a 50% deduction for living expenses in calculating future losses due to insufficient evidence to justify a lower or higher deduction.

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, Damages Assessment, Mesothelioma, Asbestos Exposure, Loss of Amenity, Alternative Medicine Costs, Future Losses (lost Years)
Tort Law Personal Injury Negligence Damages Assessment Mesothelioma Asbestos Exposure Loss of Amenity Alternative Medicine Costs +1 more

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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 for general damages for mesothelioma
  2. 2 Reasonableness and recoverability of costs for aids and equipment
  3. 3 Recoverability of costs for alternative treatment and medication

Ratio Decidendi

The court awarded general damages at the top of the JSB range due to the claimant's severe pain and suffering, allowed reasonable costs for aids and equipment to alleviate suffering, found the alternative treatment costs recoverable given the circumstances, and applied a 50% deduction for living expenses in calculating future losses due to insufficient evidence to justify a lower or higher deduction.

Court Disposition

Judgment for the claimant

Orders

  • Damages awarded in the sum of £124,311.20
  • Deductions for interim payment, interest, and CRU benefits applied