Grieves v Everard and Sons and Another and associated claims
Jurisdiction | England & Wales |
Judgment Date | 26 January 2006 |
Neutral Citation | [2006] EWCA Civ 27 |
Date | 26 January 2006 |
Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Phillips of Worth Matravers, Lord Chief Justice, Lord Justice Longmore and Lady Justice Smith
THERE was no precedent for aggregating three heads of claim which individually were incapable of founding a cause of action so as to constitute sufficient damage to give rise to a legal claim.
The Court of Appeal so held, Lady Justice Smith dissenting, allowing the appeals of the defendants, Chemical and Insulating Co Ltd, WB Industrial Ltd, Benchtown Ltd, formerly Jones Bros Preston Ltd, NEI International Combustion Ltd, R. G.
Carter Ltd, F. T. Everard and Sons Ltd and British Uralite plc, and of the claimant, Ellis Hindson, from the decision of Mr Justice Holland ((2005) EWHC 88 (QB)) that the defendants were liable to the claimants for personal injury.
The claimants, Alan Rothwell, Bernard John Topping, Kenneth Johnston, David Mears and John Grieves cross-appealed against the quantum of the damages awarded. In the case of Ellis Hindson v Pipe House Wharf (Swansea) Ltd, liability was not in issue but the claimant appealed on quantum.
Mr Michael Kent, QC, Mr Michael Rawlinson and Ms Sophie Allen for Chemical and Insulating, WB Industrial, Benchtown, NEI International Combustion, R. G. Carter, F. T. Everard and Sons and British Uralite plc.
Mr Frank Burton, QC, and Mr Nigel Lewers for Pipe House Wharf (Swansea).
Mr Frank Burton, QC, and Mr Harry Steinberg for Mr Rothwell, Mr Johnston and Mr Mears; Mr Alan Gore, QC, for Mr Topping; Mr David Allan, QC, for Mr Grieves; Mr Charles Feeny for Mr Hindson.
THE LORD CHIEF JUSTICE, delivering the joint judgment of himself and Lord Justice Longmore, said that each of the claimants was negligently exposed by his defendant employer to asbestos dust.
That exposure had three foreseeable consequences. The claimant developed pleural plaques; he was at risk of developing one or more long-term asbestos related diseases; he suffered anxiety at the prospect that he might suffer such disease.
It was common ground that none of those consequences, if experienced on its own, would constitute damage capable of founding a cause of action in negligence.
The common issue...
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