The Industrial Cases Reports
[2002] ICR 412
Court of Appeal
Fairchild v Glenhaven Funeral Services Ltd and others
Dyson and another v Leeds City Council
Pendleton v Stone & Webster Engineering Ltd and others
Babcock International Ltd
v
National Grid Co plc
Fox
v
Spousal (Midlands) Ltd
Matthews v Associated Portland Cement Manufacturers (1978) Ltd and another
[2001] EWCA Civ 1881
2001 Nov 12,
13,
14,
15;
Dec 11
Dec 11
Brooke, Latham and Kay LJJ
Negligence
— Causation
— Asbestos exposure
— Claimants developing mesothelioma after exposure to asbestos in more than one employment
— Mesothelioma triggered by single inhalation of asbestos dust
— Claimants unable to establish which employment causing mesothelioma
— Whether any employer liable
— Whether claimant suffering other asbestos-related damage entitled to provisional damages for risk of developing mesothelioma
—
County Courts Act 1984 (c 28), s. 51(1)
[1]
—
CPR
r 41.2(2)
[2]
Occupiers' liability
— Independent contractor
— Contractor carrying out work on occupier's premises
— Contractor's employee contracting mesothelioma from asbestos dust generated by activities of contractors' employees
— Whether occupier under duty of care to contractor's employees
—
Occupiers' Liability Act 1957 (5 & 6 Eliz 2, c 31), s. 2
[3]