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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll