header-logo header-logo

Asbestos exposure

08 January 2010 / Rehana Azib
Issue: 7399 / Categories: Features , Personal injury
printer mail-detail

Rehana Azib explains why 2009 was a bad year for defendants

n Karen Sienkiewicz (Administratrix of the Estate of Enid Costello, Deceased) v Greif (UK)Ltd [2009] EWCA Civ 1159, the Court of Appeal examined the issue of causation in the context of the Compensation Act 2006 (CA 2006), s 3.

The court at first instance had ordered that the claim for damages for death due to mesothelioma be dismissed where the claimant had been an office worker at a steel-drum factory. Asbestos dust had been released during the manufacturing process and the deceased’s duties had taken her all over the factory, including the areas that had been contaminated by asbestos.

Furthermore, she had been exposed to a low level of asbestos dust in the general atmosphere, along with other inhabitants in her local area.

The total tortious exposure was found to be modest compared with the total environmental exposure and had not more than doubled the risk of non-tortious exposure.

An appeal was made on behalf of the deceased that all that had to be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll