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Asbestos Update Stephen Glynn Chambers of Grahame Aldous QC 9 Gough Square London EC4 3DG

Stay informed with the latest developments in asbestos litigation and occupational health regulations. Get insights on liability cases, damages awarded, limitation issues, and more.

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Asbestos Update Stephen Glynn Chambers of Grahame Aldous QC 9 Gough Square London EC4 3DG

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  1. Asbestos Update Stephen Glynn Chambers of Grahame Aldous QC 9 Gough Square London EC4 3DG 020 7 832 0500 (tel) 020 7353 1344 (fax) DX: 439 Chancery Lane London clerks@9goughsq.co.uk

  2. Asbestos Litigation - liability • Willmore v Knowsley Metropolitan BC [2009] EWCA Civ 1211 • 1972 – 1977 as a pupil • Handling of / work on asbestos ceiling tiles in corridors • Damage to tiles from pupils’ misbehaviour • Damage to tiles in girls toilets / storage of broken tiles • Nicol J accepted this caused dust exposure which materially increased the risk of mesothelioma • “any more than minimal exposure to asbestos dust was foreseeably hazardous”

  3. Abraham v (1) Ireson & (2) Reynolds • [2009] EWHC 1958 (QB) • D1 exposure:- • Employee 4.8.56 to 4.8.61 and 6 months 1961/62 • Use of asbestos string to caulk joints • “very light and occurred intermittently” • D2 exposure:- • Employee 1962/3 to late 1965 • Limited use of asbestos scorch pads when welding • Use of asbestos string to caulk joints • “somewhat more frequent [but] still modest and infrequent”

  4. Abraham v (1) Ireson & (2) Reynolds, cont’d • Negligent? No. • Highly unlikely would be aware • Unless special degree of knowledge / experience • Breach of statutory duty? No. • Building (Health Safety & Welfare) Regs 1948 • Construction (General Provisions) Regs 1961 • “likely to be injurious” • Likely to = implies foreseeability

  5. Sienkiewicz (PR for Enid Costello v. Greif (UK) Ltd[2009] EWCA Civ 1159 • Mesothelioma • Transport clerk 1966 – 1984 • Steel drum factory Ellesmere Port • Walked through factory • Exposure to 18% more than environmental exposure

  6. Devoy v William Doxford & Sons Ltd[2009] EWHC 1598; 2009 WL 2207439 • Mesothelioma quantum case • General Damages • 9 to 12 months symptoms • Considered Cameron –v- Vinters Defence Systems Ltd • Award = £59,000 • Non-financial dependency: • Wife suffered from Parkinson’s, increasing symptoms • Relied on her husband for care • Award = £330,000 • Loss of love and affection from deceased husband • Award £2,000

  7. Storey v James Marmon & Son Ltd • (2008) unreported, Liverpool County Court • Mesothelioma quantum case • PSLA: • Aged 78, 6 years life expectancy but for meso • 3 months symptoms • Cameron –v- Vinters considered... • And rejected: award = £47,500

  8. Dunn v. National Grid Gas Plc, Walsall CC, 13.1.10, LTL, HHJ Gregory • Mesothelioma damages • 6 weeks plus symptoms • Court of Appeal not JSB should set awards • £45,000 for PSLA

  9. Watson v Cakebread Robey Ltd • [2009] EWHC 1695 (QB); 2009 WL 1949562 • Claim for living meso victim on ‘lost years’ • General Damages:- • 57 years old, 24 years life expectancy but for meso • 1st Symptoms Oct 2007, death expected Apr 2010 • Peritoneal (stomach) mesothelioma • Award = £75,000 • Funeral expenses • not recoverable in lifetime • Claimant cannot step into shoes of the estate

  10. Limitation Adams v. Bracknell FBC [2004] UKHL, Section 14 – “mainly" objective test Whiston v. London Strategic HA [2010] EWCA Civ 195 Cerebal palsy case – wrong forceps Symptoms stable until late 20s Issue claim aged 32 Mother a midwife Was date of knowledge age 18 per Adams?

  11. Lord Hoffman in Adams: “…section 14(3) requires one to assume that a person who is aware that he has suffered a personal injury, serious enough to be something about which he would go and see a solicitor if he knew he had a claim, will be sufficiently curious about the causes of the injury to seek whatever expert advice is appropriate”; (para 47)

  12. Lord Justice Dyson in Whiston: “The apparently absolute language of para 47 [in Adams] does appear to lay down a formula to cover every case. But I doubt whether Lord Hoffman intended to be so prescriptive…” “…If para. 47 is to be understood as Mr De Navarro contends, then if a claimant knows he has a significant injury, he is fixed in all cases with knowledge of such facts as he would have ascertained if he had made appropriate enquiries” “Thus the court should consider what is reasonably to have been expected of the claimant in all the circumstances of the case…I accept that the decision in Adams requires the court to expect a heightened degree of curiosity of the reasonable claimant that it would do absent section 33…”

  13. Government News Whither the Third Party (Rights Against Insurers) Act 2010? Pleural plaques claims “already begun” - £5K Issued or letter of claim?

  14. Occupational Health Update Stephen Glynn Chambers of Grahame Aldous QC 9 Gough Square London EC4 3DG 020 7 832 0500 (tel) 020 7353 1344 (fax) DX: 439 Chancery Lane London clerks@9goughsq.co.uk

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