Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB) (23 May 2023)

Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB) (23 May 2023)

The claimant failed to prove on the balance of probabilities that the millboard used by Mr Harrison when working for Bovis contained asbestos. However, it was established that Mr Harrison was exposed to asbestos from cutting and fitting asbestos cement panels. Given the state of knowledge in the mid-1960s, the employer (Bovis) should have been aware of the significant risk posed by such exposure, however minimal, and failed to take reasonable precautions (such as providing masks or guidance). Therefore, liability is established in respect of exposure to asbestos cement panels, and the claim succeeds on that basis.

Citation
[2023] EWHC 1219 (KB)
Parties
Claimant: Sharon Alexandra Ness (Personal Representative of the estate of Mr J W Harrison); Second Defendant: Lendlease Construction Holdings Limited
Jurisdiction
England and Wales
Judgment Date
23 May 2023
Procedural Posture
Personal Injury/industrial Disease Mesothelioma Claim / High Court Trial Judgment
Outcome
Claim allowed in part; judgment for the claimant against the second defendant (Lendlease Construction Holdings Limited) in respect of exposure to asbestos cement panels. Claim in respect of asbestos millboard dismissed.
Legal Topics
Employer's Liability, Asbestos Exposure, Mesothelioma, Duty of Care, Causation, Breach of Statutory Duty
Tort Law Personal Injury Occupational Health and Safety Employer's Liability Asbestos Exposure Mesothelioma Duty of Care Causation +1 more

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Parties

Sharon Alexandra Ness (Personal Representative of the estate of Mr J W Harrison)

Claimant

Lendlease Construction Holdings Limited

Second Defendant

Procedural Posture

Personal Injury/industrial Disease Mesothelioma Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether the millboard used by Mr Harrison when working for Bovis contained asbestos
  2. 2 Whether exposure to asbestos cement panels constituted a breach of duty by the employer
  3. 3 Whether the exposure was sufficient to give rise to a foreseeable risk of injury and liability

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that the millboard used by Mr Harrison when working for Bovis contained asbestos. However, it was established that Mr Harrison was exposed to asbestos from cutting and fitting asbestos cement panels. Given the state of knowledge in the mid-1960s, the employer (Bovis) should have been aware of the significant risk posed by such exposure, however minimal, and failed to take reasonable precautions (such as providing masks or guidance). Therefore, liability is established in respect of exposure to asbestos cement panels, and the claim succeeds on that basis.

Court Disposition

Claim allowed in part; judgment for the claimant against the second defendant (Lendlease Construction Holdings Limited) in respect of exposure to asbestos cement panels. Claim in respect of asbestos millboard dismissed.

Orders

  • Second defendant to pay agreed damages of £107,500 to the claimant, subject to liability.
  • Costs and any further consequential matters to be determined.