Willmore v Knowsley Metropolitan Borough Council (Rev 1)

Willmore v Knowsley Metropolitan Borough Council (Rev 1)

The court held that there was sufficient evidence to support the finding that the claimant was exposed to asbestos at school in a manner that was more than minimal, materially increasing her risk of mesothelioma, and that the defendant breached its duty of care by failing to prevent such exposure.

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, Causation, Duty of Care, Material Contribution, De Minimis Principle
Tort Law Personal Injury Mesothelioma Asbestos Exposure Causation Duty of Care Material Contribution De Minimis Principle

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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 claimant's exposure to asbestos at school was more than minimal and materially contributed to the risk of mesothelioma
  2. 2 Whether the defendant breached its duty of care by failing to prevent avoidable exposure to asbestos

Ratio Decidendi

The court held that there was sufficient evidence to support the finding that the claimant was exposed to asbestos at school in a manner that was more than minimal, materially increasing her risk of mesothelioma, and that the defendant breached its duty of care by failing to prevent such exposure.

Court Disposition

Appeal dismissed

Orders

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