| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 157 (Apr) |
| Neutral Citation: | [2011] EWHC 951 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Wyn Williams J |
| Representation | Robert Weir QC & Simon Levene (instructed by Leigh Day & Co) for the claimant. |
| Charles Feeny (instructed by Clarke Wilmot Solicitors) for the defendant. | |
| Judgment Dates: | 14 April 2011 |
Catchwords
Negligence - Duty to take care - Existence of duty - Exposure to asbestos dust - Claimant exposed to asbestos dust during courses of employment with CBPL - CBPL ceasing to exist and claimant issuing proceedings against defendant parent company - Defendant accepting breach of duty of care if claimant establishing duty of care owed to him - Whether claimant establishing defendant owed to him a duty of care.
The Case
Negligence Duty to take care. The Queen's Bench Division held that the three-stage test for the imposition of a duty of care had been satisfied on the claimant's claim for damages for contracting asbestosis as a consequence of exposure to asbestos dust during the course of his employment with a subsidiary of the defendant company. As the defendant had accepted that it had been in breach of duty if it was established that it had owed a duty of care to the claimant, judgment was entered in favour of the claimant for an award of provisional damages.
Practice Areas
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