Carder v The University of Exeter [2016] EWCA Civ 790 (29 July 2016)

Carder v The University of Exeter [2016] EWCA Civ 790 (29 July 2016)

A material, non-de minimis contribution to asbestosis by a defendant constitutes actionable damage, even if the contribution is small and not measurable in symptoms or disability, because the claimant is thereby made 'worse off'.

Citation
[2016] EWCA Civ 790
Parties
Claimant/respondent: Albert Victor Carder; Second Defendant/appellant: The University of Exeter
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Asbestosis, Material Contribution, Divisible Disease, Actionable Damage, Causation
Tort Law Personal Injury Asbestosis Material Contribution Divisible Disease Actionable Damage Causation

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Parties

Albert Victor Carder

Claimant/respondent

The University of Exeter

Second Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a very small but material contribution to asbestosis by a defendant constitutes actionable damage
  2. 2 Whether the claimant is 'worse off' as a result of the defendant's contribution to the disease

Ratio Decidendi

A material, non-de minimis contribution to asbestosis by a defendant constitutes actionable damage, even if the contribution is small and not measurable in symptoms or disability, because the claimant is thereby made 'worse off'.

Court Disposition

Appeal dismissed

Orders

  • Damages awarded to claimant in the sum of £1,552.50, representing 2.3% of the full liability value