0370 270 6000

Not all mesothelioma claims result in a payment

16 October 2014

The case of Macarthy v Marks & Spencer is a timely reminder that not all mesothelioma claims result in a payment.

The deceased worked for a shop fitting company between 1967 and 1990 and contracted mesothelioma. It was accepted that his asbestos exposure took place on the premises of M&S but that it did not exceed the relevant exposure limits at the time.

A distinction was made between the knowledge of the specialist contractors working on behalf of M&S and the knowledge of the retailer. Whilst it is reasonable to assume that specialist contractors were aware of the Asbestos Research Council guidance in 1967 as their operatives were using protective equipment and clothing, the same could not fix the retailer with the same knowledge.

This judgment is another reminder that all is not lost when faced with a claim based on asbestos exposure. A careful analysis of the evidence is required to assess whether the level of asbestos exposure gives rise to a foreseeable risk of injury having regard to the state of knowledge at the time of exposure.

Related opinions

Fire and Re-hire

In late March, P&O Ferries made 800 members of staff redundant instantaneously and with no notice, to then go on to replace them with cheaper agency workers. This sparked wide range shock and triggered government interest in introducing a new statutory code of practice covering fire and rehire.

View blog

Building Safety Bill receives Royal Assent

The new regime introduced by the Act will take shape over the next 18 months, but those who design, build or manage high rise buildings are being urged to get ready for the changes to be introduced through the act.

View blog

Local Health Systems: Relationships not structures

The Local Government Information Unit’s Local Democracy Research Centre report, there are calls for a reinvigorated role for local government as leaders of local health systems, to develop and strengthen relationships of trust, transparency and cooperation.

View blog

Planning the future of mental health and wellbeing

Throughout the pandemic with the Covid-19 isolations and with many of us (still) working from home, there seems to have been sea-change, a recognition of the importance of mental health and wellbeing.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up