BAE Systems Marine Limited v Alfa Laval Limited

BAE Systems Marine Limited v Alfa Laval Limited

The Claimant failed to prove on the balance of probabilities that the deceased was exposed to asbestos during his employment with the Defendant, as the evidence did not establish the timing, nature, or presence of asbestos lagging during the relevant period. Therefore, causation and liability were not established.

Parties
Claimant: BAE Systems Marine Limited; Defendant: Alfa Laval Limited
Jurisdiction
England and Wales
Judgment Date
25 October 2022
Procedural Posture
Contribution Claim / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Contribution, Asbestos Exposure, Personal Injury, Mesothelioma, Negligence, Breach of Statutory Duty
Tort Civil Liability Contribution Asbestos Exposure Personal Injury Mesothelioma Negligence Breach of Statutory Duty

Case Brief

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Parties

BAE Systems Marine Limited

Claimant

Alfa Laval Limited

Defendant

Procedural Posture

Contribution Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased was exposed to asbestos while employed by the Defendant
  2. 2 Whether such exposure materially increased the risk of developing Mesothelioma
  3. 3 Whether the Defendant is liable to contribute under the Civil Liability Act 1978

Ratio Decidendi

The Claimant failed to prove on the balance of probabilities that the deceased was exposed to asbestos during his employment with the Defendant, as the evidence did not establish the timing, nature, or presence of asbestos lagging during the relevant period. Therefore, causation and liability were not established.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Defendant entitled to costs