header-logo header-logo

06 November 2014 / Laura Trezise
Issue: 7629 / Categories: Features , Personal injury
printer mail-detail

Exposing liability

tresize

Laura Trezise outlines a successful defence of an asbestos related claim pursued under the Occupiers Liability Act

In Macarthy (Executor of the Estate of Heward, deceased) v Marks & Spencer plc [2014] EWHC 3183 (QB), [2014] ALL ER (D) 105 (Oct), Mr Heward worked for a family business, DH Allan & Sons Ltd (the third party), initially as an employee and from 1981 as managing director. Their business was shop-fitting. The only alleged exposure to asbestos dust was while the deceased was working for DH Allan at stores owned and operated by Marks & Spencer plc. Mr Heward died of mesothelioma in 2009. A claim was pursued by his estate and that of his wife, alleging that such exposure had caused his death.

It was alleged that the deceased’s exposure had occurred during two distinct periods. In the first period, he worked as a joiner at the M&S store in York for three weeks in the summer of 1967. The deceased worked alongside specialist contractors, Darlington Insulation, who carried out installation of asbestos ceiling tiles.

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll