In Blake v Mad Max Ltd [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a useful guide to some issues that are often disputed.
THE CASE
Mr Blake died from mesothelioma at the age of 61. His widow brought an action. Liability was agreed, the judge had to decide a number of disputed issues relating to damages.
DAMAGES FOR PAIN SUFFERING AND LOSS OF AMENITY
The judge was presented with a number of cases. He concluded that the correct award was £90,000.
As can be seen from the table of cases above the duration of the illness and the symptoms of the illness are key features in determining the level…
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FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH 