Case report: Dryden v Johnson Matthey plc [2018] UKSC 18

Asymptomatic physiological changes; actionable injury; economic loss ‘The claimants (appellants) were negligently exposed to platinum salts by their employer in breach of statutory and common law duty. They developed platinum salt sensitivity, in itself an asymptomatic condition.’ In Dryden v Johnson Matthey plc [2018], Lady Black gave the sole judgment for the Supreme Court allowing …
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Case Report: Carder v The University of Exeter [2016] EWCA Civ 790

Asbestosis; asbestos exposure; liability; actionable damage ‘The Master of the Rolls pointed out that there was an inherent contradiction in the University’s case between accepting it had made a 2.3% contribution to a cumulative disease which causes an individual to be worse off and then seeking to argue that this contribution had made no difference.’ …
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Limitation Act 1980: Delays in asbestos claims

Laura Elfield examines the decisions in cases outside the primary limitation period ‘Limitation will only commence once a cause of action has accrued – namely breach of duty and damage that is more than trivial. The date of exposure, on its own, is therefore not the important date for the purposes of limitation but rather …
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