Patterson v Smith Dock Ltd & Anor [2004] EWCA Civ 948 (05 May 2004)

Patterson v Smith Dock Ltd & Anor [2004] EWCA Civ 948 (05 May 2004)

The appeals in Patterson and Murray should be dismissed with costs, as the Court of Appeal was unanimous and relied on existing authority (Fairchild). Permission to appeal to the House of Lords is refused as the cases do not add materially to the issues already before the Lords in Barker, and the law is sufficiently...

Source-derived case information.

Citation
[2004] EWCA Civ 948
Parties
Respondent/claimant: Patterson (Son and Executor of the Estate of J Patterson (Deceased)); Appellants/defendants: Smith Dock Ltd and Anr; Respondent/claimant: Murray (Widow and Executrix of Estate of JL Murray (Deceased)); Appellants/defendants: Whessoe PLC and Others
Jurisdiction
England and Wales
Judgment Date
05 May 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal; Application for Leave to Appeal to House of Lords
Outcome
Appeals dismissed; application for leave to appeal to House of Lords refused.
Legal Topics
Mesothelioma Liability, Apportionment of Damages, Causation in Tort, Policy Considerations in Tort Law
Tort Law Personal Injury Occupational Disease Mesothelioma Liability Apportionment of Damages Causation in Tort Policy Considerations in Tort Law

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Parties

Patterson (Son and Executor of the Estate of J Patterson (Deceased))

Respondent/claimant

Smith Dock Ltd and Anr

Appellants/defendants

Murray (Widow and Executrix of Estate of JL Murray (Deceased))

Respondent/claimant

Whessoe PLC and Others

Appellants/defendants

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal; Application for Leave to Appeal to House of Lords

Legal Issues

  1. 1 Whether solvent defendants should pay 100% of damages in mesothelioma cases where multiple exposures occurred
  2. 2 Whether permission should be granted to appeal to the House of Lords on apportionment and causation issues

Ratio Decidendi

The appeals in Patterson and Murray should be dismissed with costs, as the Court of Appeal was unanimous and relied on existing authority (Fairchild). Permission to appeal to the House of Lords is refused as the cases do not add materially to the issues already before the Lords in Barker, and the law is sufficiently settled for present purposes.

Court Disposition

Appeals dismissed; application for leave to appeal to House of Lords refused.

Orders

  • Appeals in both cases dismissed with costs.
  • Application by appellants/defendants for leave to appeal to the House of Lords refused.