There was one feature of the evidence which Curtis J did not mention in his judgment. We have described the nature of Babcock's involvement in the work at those power stations in paragraph 15 above. There would be no injustice to defendants if the court were to adopt the approach to causation which had been adopted by parties in mesothelioma cases both before and after the decision of the House of Lords in Wilsher. The House of Lords was concerned only with the question whether the claim against the council should also be tried again. 87. 89. Case summary last updated at 15/01/2020 19:03 by the However, because of long latency periods (it takes 25 to 50 years before symptoms of disease become evident) it is impossible to know when the crucial moment was. It was what was going on in those premises which caused him harm. privacy policy. His disease progressed more slowly than the average, but his expectation of life has been severely shortened. At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. It could not have been intended that the provisions of this statutory scheme were intended to hibernate a putative cause of action in the hope or expectation that at some future date (should the conditions become manifest) medical science might have advanced, or that different principles of law might have been introduced which would enable damages to be recovered then although they could not be recovered if the disease had manifested itself now. Under the normal causation test, none of them would be found, on the balance of probabilities to have caused the harm. Lord Reid said at p 1429 that in his opinion when a man who had not previously suffered from a disease contracted it after being subjected to conditions likely to cause it, and when he showed that it started in a way typical of disease caused by such conditions, he established a prima facie presumption that the disease was indeed caused by those conditions. There is nothing in the recent decision of this court in Cherry Tree Machine Co Ltd v Dawson [2001] EWCA Civ 101, PIQR P265 which casts any light on the duty of occupiers, as opposed to the duty of employers, at the time with which these appeals are concerned. He suggested at p 10G-H that the true view was that, as a rule, when it was proved on the balance of probabilities that an employer had been negligent and that his negligence had materially increased the risk of his employee contracting an industrial disease, he was liable in damages to his employee if he did contract that disease, notwithstanding that he was not responsible for other factors which had materially contributed to the disease. The CEGB's liability, if any, falls to be determined by common law principles. Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our This is far too weighty an edifice to build on the slender foundations of the McGhee case, and Lord Bridge has told us in Wilsher that McGhee established no new principle of law at all. Sadly, its dust possesses qualities that have proved to be very injurious to human health; and awareness of the damage it did was very slow to percolate among those who profited from its benefits. He said that Leeds was entitled to engage a multiplicity of trades and to entrust them with work within their professional competence. . In this country 50 or 60 people suffer mesothelioma each year where there has been no history of identifiable exposure to asbestos dust, in contrast to 1,500 where there is such a history.
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