Asbestos Claims Update
Court of Appeal Saw Sense; Next Stop Supreme Court?
A victory in the Court of Appeal for a lorry driver exposed to asbestos by his previous employers may, according to Counsel for one of the defendants, end up making its way to the Supreme Court.
The recent decision in the case of Percy McDonald is a controversial one, not least because the court found that a now-repealed 1931 statute, usually seen as relating to the asbestos industry in particularly specific circumstances, applied to this claim.
In finding that this statutory duty applied, it was held that the less comprehensive awareness of the dangers of asbestos at the time (the 1950s) did not remove the duty to protect employees from asbestos dust.
You can read Kevin Finneran's assessment of the asbestos appeal here.
St John's Chambers have produced a detailed case summary of the Percy McDonald case.
If you would like to discuss a claim relating to asbestos injury, including mesothelioma and lung cancer claims, you can contact us for free, for discreet, impartial advice.