Judgment Given On Asbestos Lung Cancer Claims Test Case

Heneghan v Manchester Dry Docks Ltd & Others [2014] EWHC 4190 (QB)

Justice Jay ruled that in multi-defendant asbestos-related lung cancer claims, where no one defendant is responsible for more than half of the total exposure, damages will be apportioned in accordance with each defendant's relative share of exposure.

Facts

The deceased claimant died from asbestos-related lung cancer in January 2013. He was exposed to asbestos by ten employers between 1961 and 1974. Six of these employers were sued by the claimant.

The level of asbestos exposure of the six defendants was quantified at 35.2% of the claimant's total asbestos exposure; with the individual defendant's exposure ranging from 2.5% to 10.1%.