Dowdall v Kenyon & Sons Ltd [2014] EWHC 2822 (QB), [2014] All ER (D) 56 (Aug)
The claimant alleged that he had been exposed to asbestos dust while working for the defendants. He had previously brought an action against eight other defendants in 2003 which had ended in a settlement (the “first action”). In the first action, the claimant had claimed damages for asbestosis and pleural plaques and damages for the risk of mesothelioma. The claimant claimed damages against the defendants for his contraction of pleural mesothelioma. The defendants resisted the claim. Three issues came to be decided as preliminary issues. The Queen’s Bench Division held that the proceedings were not an abuse of process and would be allowed to continue by virtue of s 33 of the Limitation Act 1980.
