Employers’ liability for asbestos exposure

Heneghan v Manchester Dry Docks Ltd and Others CA TLR 1 April; SJ 1 March


Where damages were claimed in respect of lung cancer caused by exposure to asbestos during employment with several different employers, and it could not be established scientifically which exposure had caused the cancer, the test of causation to be applied was that applicable in analogous mesothelioma cases. Proof that a defendant employer had materially contributed to the risk of the deceased contracting lung cancer was sufficient to establish liability.