Bussey v 00654701 Ltd

Bussey v 00654701 Ltd

The trial judge erred in treating TDN 13 as determinative of the issues of foreseeability and breach for asbestos exposure occurring before its publication. The correct approach requires a nuanced assessment of what a reasonable employer should have known at the time, and whether simple precautions should have been taken. The evidence was insufficient for the Court of Appeal to determine liability, so the matter must be remitted for reconsideration.

Parties
Appellant/claimant: Veronica Bussey (widow and executrix of the Estate of David Edwin Anthony Bussey); Respondent/defendant: 00654701 Limited (formerly Anglia Heating Limited)
Jurisdiction
England and Wales
Judgment Date
22 February 2018
Procedural Posture
Civil Appeal (personal Injury/fatal Accident) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; judgment in favour of Anglia on liability set aside; case remitted to trial judge for reconsideration of liability.
Legal Topics
Asbestos Exposure, Mesothelioma, Foreseeability, Breach of Duty, Standard of Care, Fatal Accidents
Tort Personal Injury Employer's Liability Asbestos Exposure Mesothelioma Foreseeability Breach of Duty Standard of Care +1 more

Case Brief

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Parties

Veronica Bussey (widow and executrix of the Estate of David Edwin Anthony Bussey)

Appellant/claimant

00654701 Limited (formerly Anglia Heating Limited)

Respondent/defendant

Procedural Posture

Civil Appeal (personal Injury/fatal Accident) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether, given the relatively low level of exposure to asbestos and the state of knowledge in the late 1960s, the defendant was under a duty to take protective measures for the deceased employee.
  2. 2 Whether the trial judge erred in treating TDN 13 as determinative of foreseeability and breach for asbestos exposure before its publication.

Ratio Decidendi

The trial judge erred in treating TDN 13 as determinative of the issues of foreseeability and breach for asbestos exposure occurring before its publication. The correct approach requires a nuanced assessment of what a reasonable employer should have known at the time, and whether simple precautions should have been taken. The evidence was insufficient for the Court of Appeal to determine liability, so the matter must be remitted for reconsideration.

Court Disposition

Appeal allowed; judgment in favour of Anglia on liability set aside; case remitted to trial judge for reconsideration of liability.

Orders

  • Set aside judgment for Anglia on liability.
  • Remit case to trial judge for re-determination of liability in accordance with the guidance in this judgment.