Jurisdiction(s):
United Kingdom

Asbestos claims (England and Wales): Court of Appeal clarifies foreseeability and date of knowledge—low-level pre‑1965 exposure unlikely to found liability; burdens of proof reaffirmed (White; Cuthbert)

Published on: 09 April 2024

Published by a LexisNexis PI & Clinical Negligence expert

Legal News

Article summary

White and others v Secretary of State for Health and Social Care; Cuthbert (executrix of the estate of Derek Barry Cuthbert, deceased) v Taylor Woodrow Construction Holdings [2024] EWCA Civ 244

What are the practical implications of this case?

This decision is of real importance to practitioners, confirming the proper method for evaluating foreseeability in general and settling the uncertainty about how those principles apply to asbestos litigation
In Cuthbert, the claimant took issue with the judge’s findings of fact, even though the deceased had provided two witness statements setting out his exposure to asbestos dust, and the defendant had no contrary evidence with which to challenge them. The claimant also complained that the defendant failed to seek evidence on commission during the deceased’s lifetime. The Court of Appeal rejected those criticisms, concluding that the defendant was entitled to put the claimant to proof and thereafter make whatever points were properly available in critique of the case advanced and the evidence relied upon. The touchstone is fairness, and the simple fact that the defendant could have applied to cross‑examine Mr Cuthbert, or could have submitted a Part...

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

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 ]...