References: Unreported, 10 March 1995
Coram: Tudor Evans J
The plaintiff claimed damages for mesothelioma. CEGB had provided a contractual indemnity in respect of damage or injury occurring before building works were taken over by a client in 1960. The question was whether a workman who died from mesothelioma well after 1960 but was exposed during the building work before 1960 had suffered damage or injury before 1960.
Held: The evidence did not establish even that minimal microscopic changes had occurred before 1960 and that the damage or injury occurred many years after the deceased had finished working.
This case is cited by:
- Appeal from – Jameson and Wyatt (Executors of the Estate of David Allen Jameson) -v- Central Electricity Generating Board and Babcock Energy Limited CA (Times 25-Feb-97, Bailii, [1997] EWCA Civ 1008)
Executors may sue for a dependency claim despite a full and final settlement having been made by the deceased. . . - 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 . .
(This list may be incomplete)
Last Update: 13-Dec-15 Ref: 238333