Stephen Glynn
Stephen has an extensive asbestos practice. He is known nationally as an industrial disease specialist, having co-written and edited the publication Asbestos Claims (now in its fourth edition) to which the Senior KB Master and Master Eastman have contributed. He is the author of the asbestos disease chapter in Kemp and the co-author of the occupational disease chapter in Kemp. He lectures widely on asbestos disease litigation and is routinely invited to speak at APIL’s annual asbestos conference. He is mostly instructed by claimants.
Notable Asbestos cases
- Carey v. Vauxhall Motors [2019] EWHC 238
- First case brought in this jurisdiction in relation to secondary exposure after 1965 suffered by wife of an apprentice electrician employed at Vauxhall in Luton.
- Lawrence v. Bexley LB [2018] EWHC 4010
- Stephen acted for the husband of a deceased wife who died of asbestos to which she was exposed when she supervised building work at the college where she worked as a lecturer. The court considered for the first time the applicability of adverse inference doctrine arising out of the lack of documents retained by D per Keefe v IOM Steampacket in an asbestos case.
- Mayne v Atlas Stone [2016] EWHC 1030 QB, Cox J
- Upheld Stephen’s submissions that in a divisible injury case the defendant’s liability is to be assessed as the proportion of its exposure to the whole and where the overall asbestos related exposure was very low.
- Woodward v Sec of State for Energy & Clim. Change [2015] EWHC 3604 QB
- Mesothelioma – low exposure – overalls contamination suffered by colliery canteen worker. First case following Williams v. Uni of B’ham applied to secondary exposure.
- Yates v HMRC [2014] EWHC 2311 QB
Stephen’s submissions were adopted by the court to provide a workable solution to the then problem of HMRC deceased work histories. Yates describes the special practice adopted in ARD cases.
Practice Area
Panel
- Contributing Author
Membership
- Personal Injury Bar Association
- Professional Negligence Association
Education
- LLB (Hons) Bristol University
2 Contributions by Stephen Glynn
PRECEDENTS
Defence template to fatal mesothelioma (asbestos) claim under the Building (Health, Safety and Welfare) Regulations 1948 (reg 82) – High Court of Justice, England and Wales
In the High Court of Justice [ [ SPECIFY DIVISION ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ]
Claim No: [ insert number ]
Between:
C (Widow and executrix of the Estate of [ name of deceased ] (deceased)) – Claimant
and
D LTD – Defendant
Defence
Unless stated otherwise, the paragraph numbers used in this Defence correspond to the paragraph numbers in the Particulars of Claim dated [ insert date ].
Paragraphs 1 and 2 of the Particulars of Claim are admitted, subject to inspection of the grant of probate.
In relation to paragraph 3 of the Particulars of Claim, the Claimant is required to prove both the identity of the deceased’s employer and the length of the alleged employment with the Defendant; save that the Defendant admits that the HMRC employment schedule records the Defendant as the deceased’s employer from 1961 to 1967. Otherwise, the Defendant holds no employment documentation for the deceased and has not seen, nor been provided with, any material corroborating the alleged employment by it.
...
PI & Clinical Negligence
PRECEDENTS
Fatal mesothelioma Particulars of Claim (England and Wales): occupational asbestos exposure; negligence and breaches of Asbestos, Factories, Building and Construction Regulations; estate and Fatal Accidents Act dependency
Claim Number: [ insert number ]
IN THE HIGH COURT OF JUSTICE KING'S BENCH DIVISION
Claim for Fatal Mesothelioma
BETWEEN: [ name of Claimant ] Claimant (acting as Personal Representative of the estate of [ insert name ], Deceased) -and- B COMPANY LTD Defendant
PARTICULARS OF CLAIM
The claimant
The claimant is the widow of [ name ] and serves as the personal representative of that estate (‘the deceased’).
The claimant issues this claim for the estate under the Law Reform (Miscellaneous Provisions) Act 1934, and for herself, as the deceased’s dependant widow, under the Fatal Accidents Act 1976...
PI & Clinical Negligence
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