Billingham v John Barnsley & Sons Ltd & Ors

Billingham v John Barnsley & Sons Ltd & Ors

The defendants negligently failed to take reasonable precautions to prevent foreseeable exposure of the deceased to substantial quantities of asbestos dust, resulting in his mesothelioma. The exposure was far above de minimis and above levels later set out in TDN 13. Reasonable employers at the time should have known of the risks and taken steps such as cleaning, wetting, or providing respirators, none of which were done.

Parties
Claimant: Edna Hill and Lisa Billingham (Executrixes of the estate of Derek Billingham deceased); First Defendants: John Barnsley & Sons Limited; Second Defendants: Lloyds British Inspection Services Limited; Third Defendants: Vaughan Brothers (Drop Forgings) Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2013
Procedural Posture
Tort (personal Injury/employer's Liability) / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Asbestos Exposure, Mesothelioma, Duty of Care, Negligence, Causation, Standard of Care
Tort Law Personal Injury Employer's Liability Asbestos Exposure Mesothelioma Duty of Care Negligence Causation +1 more

Case Brief

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Parties

Edna Hill and Lisa Billingham (Executrixes of the estate of Derek Billingham deceased)

Claimant

John Barnsley & Sons Limited

First Defendants

Lloyds British Inspection Services Limited

Second Defendants

Vaughan Brothers (Drop Forgings) Limited

Third Defendants

Procedural Posture

Tort (personal Injury/employer's Liability) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants negligently exposed the deceased to asbestos dust resulting in mesothelioma
  2. 2 Whether the exposure was foreseeable and above de minimis levels given the state of knowledge in 1968/9
  3. 3 Whether reasonable precautions were taken by the employer

Ratio Decidendi

The defendants negligently failed to take reasonable precautions to prevent foreseeable exposure of the deceased to substantial quantities of asbestos dust, resulting in his mesothelioma. The exposure was far above de minimis and above levels later set out in TDN 13. Reasonable employers at the time should have known of the risks and taken steps such as cleaning, wetting, or providing respirators, none of which were done.

Court Disposition

Judgment for the claimant

Orders

  • Second defendants to pay £38,000 within 14 days of judgment, being the balance of the agreed £82,000 quantum less £44,000 paid by the third defendants.
  • Formal judgment for £82,000 less any sum recovered from the third defendants, with liberty to apply within three months.