Smith v Secretary of State for Transport [2020] EWHC 1954
(QB)
The High Court recently found in favour of the Claimant who
alleged he had been exposed to asbestos 60 years ago whilst working
for British Rail. The only evidence of daily work was provided
by the Claimant, who suffered from his own communication
difficulties.
These difficulties meant that his oral evidence required careful
consideration; the parties agreed that the Court should give
reference to principles from relevant case law.
Ultimately, the Court accepted that and found him to be an
honest witness. The available British Rail documentation emphasised
the need for protective measures in the Claimant's line of
work, so the Judge was satisfied the Claimant was exposed to the
risk of asbestos dust.
