Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Asbestos definition

What does Asbestos mean? In legal practice, asbestos refers to a group of naturally occurring fibrous silicate minerals present in many pre‑2000 buildings and industrial installations; when disturbed, they release respirable fibres that can cause serious illness, including mesothelioma, asbestosis, lung cancer and pleural thickening. The term is used across health and safety, construction, property and personal injury. It is defined in legislation: in Great Britain by the Control of Asbestos Regulations 2012, in Northern Ireland by the Control of Asbestos Regulations (Northern Ireland) 2012, and in Ireland by the Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006–2010. Key legal features include...

Asbestos disease claims: duty, breach, causation (material contribution); pleural plaques; limitation (s 14 LA 1980); pre-action protocol and special mesothelioma procedures

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note sets out the matters a claimant must establish in an asbestos action. It further reviews pleural plaques claims, limitation questions including section 14 of the Limitation Act 1980 (LA 1980), the Pre-Action Protocol for Disease and Illness Claims, and the special procedural rules for mesothelioma claims.

Elements of the claim

A claimant who has developed disease through exposure to asbestos must prove the following in order to pursue their claim.

A duty of care and/or a statutory duty owed by the individual or company responsible for the asbestos exposure.

That duty requires the taking of reasonable care to prevent a person being subjected to a foreseeable risk of asbestos-related harm. In Asmussen v Filtrona, the claim was rejected because, on the then prevailing standards and the general state of knowledge about the dangers of asbestos, it could not be said that injury should reasonably have been anticipated. See Practice Notes: Asbestos—the common law duty of care and Asbestos—statutory duty of care...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...