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EVIDENTIAL ISSUES: Asbestos-related lung cancer claims

07 July 2017  

Rushmi Sethi considers contributory negligence in lung cancer claims in mostly asbestos-exposed smokers

The inhalation of asbestos dust and fibres can lead to a number of diseases. The diseases most commonly associated with asbestos exposure are asbestosis (scarring of the tissue of the lungs resulting from the inhalation of asbestos dust and fibres), lung cancer (a malignant cancer of the lung tissue), and mesothelioma (a malignant cancer of the lining of the internal organs). There have been some recent decisions in the UK courts dealing with contributory negligence in the context of asbestos-related lung cancer claims.

Additional Info

  • Case(s) Referenced:

    Badger v The Ministry of Defence [2005] EWHC 2941 (QB)

    Blackmore v Department for Communities and Local Government [2016] EWCA Civ 956

    Carder v The University of Exeter [2016] EWCA Civ 790

    Ellis, executor of the estate of Paul Steven Cotton (deceased) v The State of South Australia [2006] WASC 270

    Fairchild v Glenhaven Funeral Services Ltd & ors [2002] UKHL 22

    Heneghan v Manchester Dry Docks Ltd & ors [2016] EWCA Civ 86

    Horsley v Cascade Insulation Services Ltd & ors [2009] EWHC 2945 (QB)

    Shortell v BICAL Construction Ltd (2008) unreported, Queen’s Bench Division (Liverpool), 16 May

Last modified on 30 June 2017