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ARTICLE · 20 SEPTEMBER 2017

Contributory Negligence In Lung Cancer Claims

Clyde & Co
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The deceased had smoked for a long period before commencing employment with the Defendant as a general decorator.

United KingdomLitigation, Mediation & Arbitration
Toby Scott
Toby Scott
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Case alert: Blackmore v Department for Communities & Local Government [2017] EWCA Civ 1136



The Court of Appeal took a holistic approach in calculating contributory negligence in lung cancer claims; assessing 'blameworthiness' rather than a purely epidemiological approach of the relative risk of developing lung cancer.

The Facts

The deceased had smoked for a long period before commencing employment with the Defendant as a general decorator. Approximately 20% of his working time was spent in conditions where there was asbestos dust.

It was agreed by the parties the Claimant's death was caused by the combined effects of smoking (from the age of 14 until his death aged 74) and exposure to asbestos dust whilst working for the Defendant during the period 1966 and 1986. Post mortem lung analysis showed an asbestos fibre count above the level at which the risk of contracting lung cancer doubles.

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