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Asbestos-related claims
Breach of duty
In Cuthbert v Taylor Woodrow Holdings [2024], in finding for the defendant the Court of Appeal carried out a full review of the historic literature and set the appropriate test for breach of duty. Permission to the Supreme Court was refused on 28 June 2024 giving certainty on the position for exposure pre-1965.
De minimis defence
In the first instance decision in Johnstone v Fawcett’s Garage (Newbury) Limited [2024] the court denied the claimant’s attempt to challenge the basis of the de minimis defence in Bannister v Freemans Plc [2020]. This claim is now the subject of an appeal to the Court of Appeal due to be heard on 13 February 2025. There is both an appeal of the Judgment and a cross appeal.
United Kingdom