Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB) (14 December 2020)

Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB) (14 December 2020)

On the balance of probabilities, Mr Skeen was exposed to asbestos dust during his employment at the Wilton site as a result of working in close proximity to laggers handling asbestos materials, and this exposure materially increased his risk of developing mesothelioma. The defendants' breach of duty is established, and liability follows.

Citation
[2020] EWHC 3431
Parties
Claimant: Jacqueline Pinnegar (Executrix of the Estate of Peter Skeen, Deceased); First Defendant: Kellogg International Corporation; Second Defendant: ICI Chemicals & Polymers Limited
Jurisdiction
England and Wales
Judgment Date
14 December 2020
Procedural Posture
Personal Injury / Fatal Accidents Claim / Trial Judgment
Outcome
Judgment for the claimant
Legal Topics
Asbestos Exposure, Mesothelioma, Employer's Liability, Breach of Statutory Duty, Negligence, Causation, Assessment of Witness Evidence
Tort Law Personal Injury Law Occupational Disease Asbestos Exposure Mesothelioma Employer's Liability Breach of Statutory Duty Negligence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jacqueline Pinnegar (Executrix of the Estate of Peter Skeen, Deceased)

Claimant

Kellogg International Corporation

First Defendant

ICI Chemicals & Polymers Limited

Second Defendant

Procedural Posture

Personal Injury / Fatal Accidents Claim / Trial Judgment

Legal Issues

  1. 1 Whether Mr Skeen was exposed to asbestos during his employment with the defendants at the Wilton site
  2. 2 Whether such exposure was caused by breach of statutory and/or common law duty by the defendants
  3. 3 Whether the exposure materially increased Mr Skeen's risk of developing mesothelioma

Ratio Decidendi

On the balance of probabilities, Mr Skeen was exposed to asbestos dust during his employment at the Wilton site as a result of working in close proximity to laggers handling asbestos materials, and this exposure materially increased his risk of developing mesothelioma. The defendants' breach of duty is established, and liability follows.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to pay agreed damages of £180,000