In the recent asbestos case of Cox v Rolls-Royce, it was alleged
that the Claimant had previously worked at one of the UK's major
boiler workers (the Appellant), which employed a large number of
tradesman to erect, commission and repair such boilers.
The Judge found that the Claimant had been employed by the
company between 1966 and 1967, and had been deployed to work as a
welder at power stations on substantial tasks which involved
stripping down large boilers with exposure to asbestos. The Judge concluded that death from
mesothelioma resulting from asbestos
exposure had been proven, and the company had breached its duty of
care in obliging the defendant to work in such conditions which
constituted a material increase in the risks to the Claimant of him
contracting mesothelioma.
The Defendant's appeal against the decision was subsequently
rejected.
Andrew Morgan, personal injury lawyer and partner at Field Fisher
Waterhouse, commented:
"It was held the employer had been negligent in exposing Mr
Cox to asbestos. The employer argued Mr Cox had been exposed to
asbestos elsewhere and that the exposure for which they were
responsible was not enough to have caused the mesothelioma when set
against the background of the greater exposure elsewhere. The Court
of Appeal held that the trial judge had been correct to find that
the limited exposure in this employment had made a material
contribution to the risk that Mr Cox would develop mesothelioma and
that, as a result, the employer was liable. This case shows how
even the most apparently straightforward claims can be difficult to
prove. It also shows how aggressive the insurers continue to be in
fighting mesothelioma claims."
For further information, please contact Andrew Morgan, Rodney
Nelson-Jones or Peter Williams on
020 7861 4000.