Appeal by the widow of a man who died from mesothelioma against the dismissal of her fatal accident claim, particularly as to whether, given the relatively low level of exposure to asbestos and the state of knowledge in the late 1960s, the defendant was under a duty to take protective measures.
Held: Her appeal succeeded. The judge had wrongly concluded that the CA had made Technical Data Note 13 as a universal test of foreseeability in mesothelioma cases. It was not.
Judges:
Jackson, Underhill LJJ
Citations:
[2018] EWCA Civ 243, [2018] WLR(D) 120
Links:
Jurisdiction:
England and Wales
Personal Injury
Updated: 05 April 2022; Ref: scu.605781