McDonald v Department for Communities and Local Government & Anor [2013] EWCA Civ 1346 (06 November 2013)

McDonald v Department for Communities and Local Government & Anor [2013] EWCA Civ 1346 (06 November 2013)

The claimant's exposure to asbestos was modest and infrequent, and at the relevant time the risks of such exposure were not reasonably foreseeable to the employer or occupier. The employer owed no duty to warn or protect against unknown risks, and the statutory duties under the Factories Act 1937 and Asbestos Industry Regulations 1931 did not apply to the claimant or the facts. There was insufficient evidence of substantial asbestos dust or breach. The judge's findings of fact and law were correct, and the appeal was dismissed.

Citation
[2013] EWCA Civ 1346
Parties
Claimant/appellant: Percy Leonard McDonald; First Defendant/respondent: Department for Communities and Local Government; Second Defendant/respondent: National Grid Electricity Transmission PLC
Jurisdiction
England and Wales
Judgment Date
06 November 2013
Procedural Posture
Appeal (personal Injury Asbestos Exposure) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; judgment for both respondents upheld.
Legal Topics
Employer's Liability, Non Delegable Duty, Negligence, Breach of Statutory Duty, Asbestos Exposure, Factories Act 1937, Asbestos Industry Regulations 1931, Foreseeability of Harm
Tort Law Personal Injury Employment Law Statutory Interpretation Employer's Liability Non Delegable Duty Negligence Breach of Statutory Duty +4 more

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Parties

Percy Leonard McDonald

Claimant/appellant

Department for Communities and Local Government

First Defendant/respondent

National Grid Electricity Transmission PLC

Second Defendant/respondent

Procedural Posture

Appeal (personal Injury Asbestos Exposure) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the claimant's exposure to asbestos was sufficient to establish liability in negligence or breach of statutory duty against either defendant
  2. 2 Whether the employer owed a non-delegable duty to protect the claimant from asbestos exposure at third-party premises
  3. 3 Whether the statutory duties under the Factories Act 1937 and Asbestos Industry Regulations 1931 applied to the claimant and the facts

Ratio Decidendi

The claimant's exposure to asbestos was modest and infrequent, and at the relevant time the risks of such exposure were not reasonably foreseeable to the employer or occupier. The employer owed no duty to warn or protect against unknown risks, and the statutory duties under the Factories Act 1937 and Asbestos Industry Regulations 1931 did not apply to the claimant or the facts. There was insufficient evidence of substantial asbestos dust or breach. The judge's findings of fact and law were correct, and the appeal was dismissed.

Court Disposition

Appeal dismissed; judgment for both respondents upheld.

Orders

  • Claim against Department for Communities and Local Government dismissed.
  • Claim against National Grid Electricity Transmission PLC dismissed.