Billingham v John Barnsley & Sons Ltd & Ors [2013] EWHC 520 (QB) (13 March 2013)

Billingham v John Barnsley & Sons Ltd & Ors [2013] EWHC 520 (QB) (13 March 2013)

The defendants negligently failed to take reasonable precautions to prevent Mr Billingham's exposure to substantial quantities of asbestos dust, which was foreseeable as posing a serious risk of injury in 1968/9; none of the available precautions (wetting, cleaning, respirators) were taken, breaching their duty of care.

Citation
[2013] EWHC 520
Parties
Claimant: Edna Hill; Claimant: Lisa Billingham; First Defendant: John Barnsley & Sons Limited; Second Defendant: Lloyds British Inspection Services Limited; Third Defendant: Vaughan Brothers (Drop Forgings) Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2013
Procedural Posture
Personal Injury Claim (mesothelioma/asbestos Exposure) / Judgment After Trial
Outcome
Judgment for the claimant against the second defendants.
Legal Topics
Asbestos Exposure, Mesothelioma, Duty of Care, Negligence, Causation, Foreseeability
Tort Personal Injury Employer Liability Asbestos Exposure Mesothelioma Duty of Care Negligence Causation +1 more

Case Brief

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Parties

Edna Hill

Claimant

Lisa Billingham

Claimant

John Barnsley & Sons Limited

First Defendant

Lloyds British Inspection Services Limited

Second Defendant

Vaughan Brothers (Drop Forgings) Limited

Third Defendant

Procedural Posture

Personal Injury Claim (mesothelioma/asbestos Exposure) / Judgment After Trial

Legal Issues

  1. 1 Did the defendants negligently expose Mr Billingham to asbestos dust, causing mesothelioma?
  2. 2 Was the risk of injury from asbestos exposure reasonably foreseeable to a prudent employer in 1968/9?
  3. 3 Did the defendants breach their duty of care by failing to take precautions against asbestos dust?

Ratio Decidendi

The defendants negligently failed to take reasonable precautions to prevent Mr Billingham's exposure to substantial quantities of asbestos dust, which was foreseeable as posing a serious risk of injury in 1968/9; none of the available precautions (wetting, cleaning, respirators) were taken, breaching their duty of care.

Court Disposition

Judgment for the claimant against the second defendants.

Orders

  • Second defendants to pay £82,000 less any sum recovered from third defendants.
  • £38,000 to be paid within 14 days of judgment.