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Watt v Fairfield Shipbuilding and Engineering Company Limited and Upper Clyde Shipbuilders Ltd and Energy and Marine (Weirside) Limited: SCS 3 Nov 1998

The pursuer sought reparation against three former shipbuilders. He had developed extensive bilateral pleural plaques and asbestosis. Held: Lord Gill felt that it was possible to give the proviso a satisfactory meaning, notwithstanding his conclusion that the 1931 Regulations applied only to the asbestos industry: ‘the Regulations related to those processes by which the raw … Continue reading Watt v Fairfield Shipbuilding and Engineering Company Limited and Upper Clyde Shipbuilders Ltd and Energy and Marine (Weirside) Limited: SCS 3 Nov 1998

Day v Harland and Wolff Ltd: 1953

The plaintiff was injured repainting a ship in a dry dock. Held: The situation was one covered by the regulations. The scaffolding used to support the workers had to be of the standard appropriate to maintain the employees’ safety. Citations: [1953] I WLR 906, [1953] 2 All ER 387, [1953] 97 Sol Jo 473 Statutes: … Continue reading Day v Harland and Wolff Ltd: 1953

Smith v Cammell Laird and Co Ltd: HL 1940

The Regulations imposed an absolute obligation from the words ‘all staging . . shall be maintained.’ Lord Atkin said: ‘It is precisely in the absolute obligation imposed by statute to perform or forbear from performing a specified activity that a breach of statutory duty differs from the obligation imposed by common law, which is to … Continue reading Smith v Cammell Laird and Co Ltd: HL 1940

Shell Tankers UK Limited v Jeromson; The Cherry Tree Machine Company Limited, Shell Tankers UK Limited v Dawson: CA 2 Feb 2001

The claimant’s husband had been employed as an apprentice fitter in a factory which manufactured dry cleaners’ presses. For two years, it was part of his job to mix asbestos flock with water in a bucket and then apply it to the plattens of a press in order to seal them to stop the steam … Continue reading Shell Tankers UK Limited v Jeromson; The Cherry Tree Machine Company Limited, Shell Tankers UK Limited v Dawson: CA 2 Feb 2001

McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014

Contact visiting plants supported asbestos claim The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had failed to comply with the 1931 … Continue reading McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014