Grieves v Everard and Sons and Another and associated claims
| Jurisdiction | England & Wales |
| Judgment Date | 15 February 2005 |
| Neutral Citation | [2005] EWHC 88 (QB) |
| Date | 15 February 2005 |
| Court | Queen's Bench Division |
QUEEN'S BENCH DIVISION
Before Mr Justice Holland
Damages - employer negligence - inferring damage by asbestos
Pleural plaques resulting from penetration of asbestos fibres in the lung caused by negligence of employers did not necessarily found a cause of action per se, but in certain circumstances there could be a foundation for an award of damages.
Mr Justice Holland so held in the Queen's Bench Division in Newcastle upon Tyne on February 15, 2005, when finding in favour of nine claimants where liability had not been admitted and awarding damages to all 10 claimants against the defendants, their respective former employers, for negligent exposure to asbestos.
HIS LORDSHIP said that with respect to each of the 10 claimants, the defendants admitted that each was negligently exposed to asbestos in the course of employment so that there could be liability to him.
However, with respect to each of the claimants save one, it was denied that such negligent exposure occasioned any injury such as could have completed the necessary foundation for a claim in damages.
Inferred permanent penetration by asbestos fibre and the implications necessarily flowing from such could not, simpliciter...
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Johnston v. NEI International Combustion Ltd., (2007) 375 N.R. 248 (HL)
...may happen. Are pleural plaques an "injury" for the purposes of the tort of negligence? [68] Holland, J., held that they were not: [2005] EWHC 88 (QB). He held, first, in para.71, that "… permanent penetration by asbestos fibres cannot, simpliciter, constitute injury or damage so as to foun......
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Grieves v Everard and Sons and Another and associated claims
...that may happen. Are pleural plaques an "injury" for the purposes of the tort of negligence? 68 Holland J held that they were not: [2005] EWHC 88 (QB). He held, first, in para.71, that "… permanent penetration by asbestos fibres cannot, simpliciter, constitute injury or damage so as to fou......
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Reprimanding Juveniles and the Right to Due Process
...Litigation (Rand, 2005); J Goldberg and B Zipursky,‘‘Unrealized Torts’’(2002) 88 Virg L Rev 1625.53 Grieves vFT Everard & So ns [2005] EWHC88(QB). Compare[2005] UKHL 2, at para118,per LordHope.54 Compare for example Baroness Hale Gregg at para 220, with LordNicholls at para 25.55 See also t......
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Loss of the Chance of Cure from Cancer
...Litigation (Rand, 20 05); J Goldberg and B Zipursky,‘‘Unrealized Torts’’(2002) 88 Virg L Rev 1625.53 Grieves vFT Everard & So ns [2005] EWHC88(QB). Compare[2005] UKHL 2, at para118,per LordHope.54 Compare for example Baroness Hale Gregg at para 220, with Lord Nicholls atpara 25.55 See also ......