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13 January 2012 / Elizabeth Carley
Issue: 7496 / Categories: Features , Damages , Personal injury
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Divided loyalties?

Will natural sympathy for asbestos sufferers trump policy concerns? Elizabeth Carley reports

Asbestos litigation to date has tended to focus on injury to industrial workers, as it was in industrial settings that exposure was greatest. But much lower levels of exposure can cause injury or death. There is increasing potential for litigation arising from lower level exposure in non industrial settings, for example in schools. How will the courts grapple with this? The recent Court of Appeal decision in Williams v University of Birmingham [2011] EWCA Civ 1242, [2011] All ER (D) 25 (Nov) highlights some of the issues.

Williams

Williams concerned low level exposure to asbestos and whether reasonable foresight of harm is necessary for a finding of breach of duty. Mr Williams was a student at Birmingham University. In 1974 he undertook a series of physics experiments in a basement tunnel containing asbestos lagged pipes. At trial, the university accepted that Williams had been exposed to low levels of asbestos. They argued, however, that this exposure was not a breach of

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MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

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