The claim form and each statement of case have to be marked with the title ‘Living Mesothelioma Claim’ or ‘Fatal Mesothelioma Claim’ as appropriate.
Any kind of witness statement regarding liability must identify as far as is possible -
1. The alleged victim’s history of employment and background of contact with asbestos;
2. The identification of any employer wherever exposure to asbestos of the alleged victim is alleged;
3. Particulars of any self employment in which the alleged victim may have been exposed; and
4, Details of claims made and payments obtained under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.
The claimant should also attach to the claim form -
1. A work history from H M Revenue and Customs (where available); and
2. Any pre-action letter of claim.
Claimants with severely limited life expectancy
Wherever the claimant thinks the claim is particularly urgent then on issue of the claim form, the claimant -
1. May request in writing that the court file is placed at once before a judge nominated to handle such cases, and
2, Must explain in writing to the court why the claim is urgent.
Where the court decides that the claim is urgent it will -
Fix the date for the case management conference to take place within a short period of time; and tell the claimant when he must serve the claim form if it has not been served already.
The Show Cause Procedure
The show cause procedure is normally on a ‘costs in the case’ basis, for the defendant to identify the evidence and legal arguments giving the defendant a real prospect of success on any or all issues of liability. The court will use this process of the resolution of any mesothelioma claim.
The defendant needs to be ready to show why -
(1) a judgment on liability ought not to be entered against the defendant; and
(2) a standard interim payment on account of damages and (if appropriate) costs and disbursements shouldn’t be made by the defendant by a specified date.
With the first show cause conference if liability remains an issue the court will usually order that the defendant show cause within a further given period.
The order requiring the defendant to show cause within a further given period will direct -
(1) that the defendant file and serve on the claimant by a specified date outline submissions showing cause and -
(a) if the outline submissions aren’t filed and served by a particular date, judgment, for a sum to be determined by the court, will be entered against the defendant with out the requirement of any further order and the defendant will be ordered to make a standard interim payment by a specific date; or
(b) if the outline submissions are filed and served by the specified date, the claim will be listed for a show cause hearing; or
(2) that the defendant show cause at a hearing on a date fixed by the court.
At the first case management conference the court will -
(1) fix the date or trial window for the determination of damages and give any other directions as appropriate where the defendant admits liability or judgment is entered;
(2) fix the date or trial window for the determination of damages and give any other directions as appropriate where an order to show cause has been made (if the defendant subsequently shows cause then the determination date or trial window may be utilised for the trial of any issue); or
(3) in cases in which there is to be a trial on liability, give directions including the date or window for the trial.
Where the defendant fails to show cause on some issues, the court will normally enter judgment on those issues.
Where the defendant does not show cause on all issues, the court will enter judgment for a sum to be determined and will typically order that a standard interim payment be made.
Where the defendant succeeds in showing cause on some or all issues, the court will order a trial of those issues.
Setting the trial date
In the case of a living mesothelioma claim the date of the determination of damages or the trial will generally not be more than 16 weeks following service of the claim form.
In a fatal mesothelioma claim the hearing date could be more than 16 weeks following
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