| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 84 (Nov) |
| Neutral Citation: | [2009] EWCA Civ 1159 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Lord Clarke of Stone-cum-Ebony, Scott Baker and Smith LJJ |
| Representation | Christopher Melton QC and Ivan Woolfenden (instructed by Norman Jones) for the claimant. |
| Jeremy Stuart-Smith QC and Charles Feeny (instructed by Hill Dickinson LLP) for the defendant. | |
| Judgment Dates: | 6 November 2009 |
Catchwords
Tort - Causation - Mesothelioma - More than one source of asbestos exposure - Whether claimant required to show risk arising from tortious exposure more than twice risk arising from non-tortious exposure - Whether material increase in risk sufficient - Consideration of authorities - Consideration of damages legislation - s 3.
The Case
Tort Causation. The Court of Appeal, Civil Division, held that, having regard to s4 of the and to common law, in a mesothelioma case it was not open to the defendant to put the claimant to proof of causation by reference to a twofold increase in risk, but rather, it was sufficient to show a material, more than minimal, increase in risk.
Practice Areas
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