Source: All England Reporter
Publisher Citation: [2012] All ER (D) 271 (Oct)
Neutral Citation: [2012] EWHC 2936 (QB)
Court: Queen's Bench Division

Swift J

Representation David Allan QC and Ivan Bowley (instructed by Hugh James Solicitors) for the claimants.
  Ronald Walker QC and Robert O'Leary (instructed by Nabarro LLP) for the defendants.
Judgment Dates: 23 October 2012


Statutory duty - Breach - Causation - Personal injury - Former workers in phurnacite plant bringing action for breach of statutory duty relating to working conditions at the plant - Defendant Secretary of State denying breach and causation and asserting limitation defence - Whether defendant in breach of duty - Whether breach causing injury - Whether action statute barred - Whether court to exercise discretion - Factories Acts, 1937, 1959 and/or 1961 - Patent Fuel Manufacture (Health and Welfare) Special Regulations 1946,

The Case

Statutory duty Breach. The Queen's Bench Division ruled on eight lead claims made in respect of men who had been formerly employed at the Abercwmboi Phurnacite Works. Approximately 250 claimants registered claims for damages for respiratory disease and-or various types of cancer which they alleged were caused by the exposure to dust and-or fumes containing carcinogenic substances in the course of work at the Phurnacite Works.

Practice Areas

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