Source: All England Reporter
Publisher Citation: [2005] All ER (D) 242 (Jan)
Neutral Citation: [2005] EWCA Civ 1
Court: Court of Appeal, Civil Division
Judge:

Judge, Mance and Longmore LJJ

Representation David Allan QC (instructed by John Pickering & Partners) for the claimant.
  Charles Feeny (instructed by Hill Dickinson) for the defendant.
Judgment Dates: 26 January 2005

Catchwords

Negligence - Foreseeability - Exposure to asbestos dust - Familial exposure - Risk of serious injury to claimant's health not reasonably foreseeable.

The Case

The judge's conclusion that the risk of serious injury to the claimant's health from familial exposure to asbestos dust during the period 1961 to 1965 was 'reasonably foreseeable, indeed obvious' to the defendant, her husband's employer, was not sustainable.

Practice Areas

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