Willmore v Knowsley Metropolitan Borough Council (Rev 1) [2009] EWCA Civ 1211 (19 November 2009)

Willmore v Knowsley Metropolitan Borough Council (Rev 1) [2009] EWCA Civ 1211 (19 November 2009)

The defendant's breaches of duty led to the claimant's exposure to asbestos above a minimal level, materially increasing her risk of mesothelioma. The trial judge's findings on two sources of exposure were supported by evidence and no error of law was found.

Source-derived case information.

Citation
[2009] EWCA Civ 1211
Parties
Claimant/respondent: Dianne Willmore; Defendant/appellant: Knowsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
19 November 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Mesothelioma, Asbestos Exposure, Negligence, Causation, Material Contribution, Duty of Care
Tort Law Personal Injury Mesothelioma Asbestos Exposure Negligence Causation Material Contribution Duty of Care

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Parties

Dianne Willmore

Claimant/respondent

Knowsley Metropolitan Borough Council

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the defendant's actions materially increased the risk of the claimant contracting mesothelioma
  2. 2 Whether the exposure to asbestos was more than minimal
  3. 3 Whether the trial judge erred in findings of fact or law

Ratio Decidendi

The defendant's breaches of duty led to the claimant's exposure to asbestos above a minimal level, materially increasing her risk of mesothelioma. The trial judge's findings on two sources of exposure were supported by evidence and no error of law was found.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant/respondent
  • Damages as agreed at £240,000 before statutory deductions