header-logo header-logo

Asbestos records & mixed injury whiplash

171882
Vijay Ganapathy analyses an appeal of two historic tort cases while Claire Spearpoint discusses mixed injury claims
  • The Court of Appeal considered whether defendants should have been aware of the dangers of low-level asbestos exposure in the 1950s.
  • Clarity was provided by a Supreme Court ruling relating to the Whiplash Injury Regulations 2021 in mixed injury cases.

In March 2024, the appeal courts handed down two eagerly awaited judgments.

The first of these centred on whether defendants should owe a duty of care to those who develop respiratory disease from low-level asbestos exposure where the alleged tort occurred many decades in the past. While asbestos was known to be dangerous right from the start of the 20th century, there appears some uncertainty as to whether low-level exposure was harmful until just after 1960, when the link between this and mesothelioma (a terminal cancer of the lung lining) was discovered.

In White and others v Secretary of State for Health and Social Care; Cuthbert (executrix of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll