Asbestos Disease Case Law 2018


Case Name and link


Brief Summary of the Decision / Comments /Misc

Who Won?


Bussey v Anglia Heating Limited

For the full judgment, please click here

Court of Appeal Low level exposure; TDN13 isn’t determinative of liability; Williams remains good law (ie C needs to establish a reasonably foreseeable risk of injury)




C – case remitted back to Trial Judge

Hawkes v Warmex Ltd


For the full judgment, please click

Hawkes v Warmex Ltd [2018] EWHC 205 (QB) (08 February 2018)



High Court QBD Low level exposure; would have been in breach of the common law duty of care and s.47 of the Factories Act in the 1940s.

Deputy High Court Judge Peter Marquand held that  the Deceased had not been exposed to asbestos while making electric blankets at a factory in the late 1940s.



D – case failed on facts

Cape Intermediate Holdings Ltd v Mr Graham Drting (for and on behalf of the Asbestos Victims Support Group)

Court of Appeal Disclosure




Heynike v Birlec & MOD

High Court QBD  

Duty to avoid substantial dust under s63 survives the 1969 Regs



08/08/18 Blake v Mad Max Ltd (Rev 1) [2018] EWHC 2134 (QB)

High Court Quantum in fatal meso case