Robert Weir QC recovers damages for novel head of loss in mesothelioma case in Court of Appeal

Mr Haxton had died as a result of mesothelioma caused by the defendant’s negligence.  Mrs Haxton, his widow, had a valuable claim for loss of dependency under the Fatal Accidents Act 1976 based on her having a full life expectancy.    Tragically, Mrs Haxton then developed symptoms of mesothelioma herself as a result of her having washed her husband’s clothing, leaving her with 6-12 months to live by trial.   Mrs Haxton settled the FAA claim for £200,000 less than she would have done if she had not herself contracted mesothelioma.  Mrs Haxton then claimed damages in her personal injury action for the reduction in value of her claim under the FAA.   In Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4, the Court of Appeal held that Mrs Haxton was entitled to recover the full amount of her lost cause of action, £200,000.

Robert Weir QC acted with Harry Steinberg of 12 KBW on behalf of Mrs Haxton, instructed by Nicola Maier of Irwin Mitchell LLP.

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