McDonald v Department for Communities and Local Government and Another: CA 6 Nov 2013

The claimant was a lorry driver making collections from a power station. On his visits, he visited areas where asbestos sludge was being used. He contracted mesothelioma, and now sought damages. The defendants replied that he was not a worker at the plant within section 47. He now appeaed against rejection of his claim.
Held: The appeal failed. A person visiting the premises of a different employer where a process was under way likely to be injurious to health, was not a worker so as to receive the protection of the 1937 Act.
However, he was owed a duty under the 1931 Regulations.

Lord Dyson MR, McCombe, Gloster LJJ
[2013] EWCA Civ 1346, [2013] WLR(D) 431
Bailii, WLRD
Factories Act 1937 47(1), The Asbestos Industry Regulations 1931
England and Wales
Cited by:
Appeal fromMcDonald 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 . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Updated: 25 November 2021; Ref: scu.517455