Maggs v Anstey

Maggs v Anstey

The court found, on the balance of probabilities, that Mr Maggs was exposed to asbestos during his employment with the defendant after 14 May 1970, and that this exposure materially increased the risk of developing mesothelioma. Liability attaches to the defendant under the Asbestos Regulations 1969.

Source-derived case information.

Parties
Claimant: Maureen Elizabeth Maggs; Defendant: Alfred Jonathan Anstey
Jurisdiction
England and Wales
Judgment Date
30 March 2007
Procedural Posture
Personal Injury Claim / Final Judgment
Outcome
Judgment for the claimant
Legal Topics
Employer's Liability, Asbestos Exposure, Mesothelioma, Personal Injury, Damages
Tort Employment Law Employer's Liability Asbestos Exposure Mesothelioma Personal Injury Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Maureen Elizabeth Maggs

Claimant

Alfred Jonathan Anstey

Defendant

Procedural Posture

Personal Injury Claim / Final Judgment

Legal Issues

  1. 1 Whether Mr Maggs was exposed to asbestos during his employment with the defendant
  2. 2 Whether the defendant is liable for the mesothelioma caused by asbestos exposure

Ratio Decidendi

The court found, on the balance of probabilities, that Mr Maggs was exposed to asbestos during his employment with the defendant after 14 May 1970, and that this exposure materially increased the risk of developing mesothelioma. Liability attaches to the defendant under the Asbestos Regulations 1969.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay the agreed sum of £230,000 in damages