James Moore and Harland & Wolff PLC Somewatch Ltd
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Judgment Date | 10 October 2023 |
| Neutral Citation | [2023] NICA 61 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 61
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE12265
ICOS No: 15/27017/A01
Delivered: 10/10/2023
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
KING’S BENCH DIVISION
Between:
JAMES MOORE
Plaintiff/Appellant
and
HARLAND & WOLFF PLC
SOMEWATCH LTD
Defendants/Respondents
___________
Mr O’Donoghue KC with Mr Dornan (instructed by Andress Agnew Higgins, Solicitors)
for the Appellant
Mr Ringland KC with Mr Maxwell (instructed by DWF Solicitors) for the First
Respondent
Mr Keenan KC with Mr Spence (instructed by Tughans Solicitors) for the Second
Respondent
___________
Before: Keegan LCJ, Treacy LJ and Kinney J
___________
KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] This case concerns a claim by the plaintiff who is now the appellant for
provisional damages arising out of the development of pleural plaques. The writ of
summons is dated 13 March 2015, the statement of claim is dated 29 June 2016. The
notice of set down is dated 30 November 2018.
[2] The appellant is now a man over 70 years, having been born in March 1951.
He has developed pleural plaques as a secondary victim having been exposed to
asbestos from his father who worked as a pipe lagger at the Harland & Wolff
shipyard from 1948-1983. During his working career the appellant’s father was
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