The HSE has identified silica as the greatest risk to construction
workers after asbestos. Despite not only the risks of respiratory
crystalline silica being well known, but also clear evidence that it is
attributable to hundreds of deaths per year in the UK, to date, there
has not been the level of litigation that may be suspected given the
size of the problem.
Recently the work of the HSE, the All Party Parliamentary Group on
Respiratory Health, combined with increasing litigation in the USA and
Australia has shone a light again on the problems caused by respiratory
silica. With increasing publicity and awareness, for both individuals
and medical professionals, there is forecast to be an increase in
litigation.
This book is a practical guide for both Claimant and Defendant lawyers
involved in this litigation; covering all stages of the litigation
process, including the historical knowledge of the problems caused by
silica, injuries attributable to silica and how these claims can be
brought.
ABOUT THE AUTHOR
Helen Pagett was called to the Bar by Inner Temple in 2008. She is a
tenant at Crown Office Chambers and specialises in personal injury,
disease, clinical negligence and inquests, including where there are
fraud and fundamental dishonesty allegations. Her practice has rapidly
progressed to dealing with complex and high-value claims. Before coming
to the Bar, Helen read Natural Sciences at Durham University before
being awarded a Wellcome Trust Studentship to complete an MA in History
and Philosophy of Science and Medicine. She then converted to law at BPP
Law School. She was appointed a Deputy District Judge in 2019 and sits
on the South Eastern Circuit.
CONTENTS
Chapter One - Introduction
Chapter Two - What Is Silica and Respirable Crystalline Silica?
Chapter Three - a Brief History of the Awareness of the Risks Posed by
Exposure to Respirable Crystalline Silica
Chapter Four - Duty of Care and Statutory Duties
Chapter Five - Breach of Duty of Care and Statutory Duties
Chapter Six - Causation
Chapter Seven - Damages
Chapter Eight - Limitation
Chapter Nine - Pre-Litigation
Chapter Ten - Litigation
