References: Unreported, 8 December 1987
Coram: Piers Ashworth QC
The claimant’s cause of action for lung fibrosis did not arise at the time he was exposed to asbestos between August 1952 and May 1953 because at that stage he had not suffered physical injury by May 1953. Basing himself on the evidence of Dr Rudd the court held that for a long time after exposure the defence mechanisms of the body held their own and only became exhausted after a period of equilibrium which lasted well after 4th June 1954, the relevant date for limitation.
This case is cited by:

• Approved – McCaul -v- Elias Wild (Unreported, 14 September 1989)
  The plaintiff who had suffered pleural thickening from inhalation of asbestos fibres in 1943 – 1950 suffered no actionable injury until about 1985, when he first experienced breathlessness. . .
• Cited – Bolton Metropolitan Borough Council -v- Municipal Mutual Insurance Ltd CA (Bailii, [2006] EWCA Civ 50, Times 09-Feb-06, [2006] 1 WLR 1492, [2007] Lloyd’s Rep IR 173)
  The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .