The claimant was the widow of a man who died from mesothelioma after alleged asbestos contamination working for the appellant. The defendant appealed on liability saying that there was insufficient evidence of causation since there was little to show that the deceased had worked for them for any length of time.
Held: In the light of the approach required by Fairchild, and despite some criticism of the judge’s findings, there was evidence to support the claim, and the appeal failed. Culpable exposure must be at a level which materially enhances the background risk. What is material in this context is not measured or measurable.
Judges:
Tuckey LJ, Maurice Kay LJ, Hooper LJ
Citations:
[2007] EWCA Civ 1189
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited – Brett v University of Reading CA 14-Feb-2007
The deceased’s personal representative sought damages after the death from mesothelioma after working for the defendant for many years. . .
Cited by:
Cited – Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 19 November 2022; Ref: scu.261457