000 01903cab a2200193 4500
001 ##L133672
008 060601n2006 000 0 eng u
035 _a(Sirsi) u133672
041 0 _aeng
245 0 0 _aBarker v Corus (UK) plc
_bMurray v British Shipbuilders (Hydrodynamics) Ltd and others
_bPatterson v Smiths Dock Ltd and others
260 _c2006
520 _a[2006] UKHL 20, 3 May 2006. Appeal by the employers, C, BS and SD, against a CA decision ([2004] EWCA Civ 545; [2005] 3 All ER 661) in respect of their liability for damages for exposing B, M and P to asbestos dust. B had had three exposures to asbestos, the second of which was as a result of a breach of duty by C, although the third had arisen when B was self-employed. P had been exposed to asbestos by four employers, for different lengths of time. M had also been exposed to asbestos by a number of different employers. C, BS and SD all argued that they were severally liable only to the share of risk created by their breach of duty; in addition, C submitted that it should not be liable at all, because of the period when B had been solely responsible for his exposure to asbestos dust. "Held" where employers were liable on the basis that they had negligently exposed an employee to asbestos, thereby creating a material risk of mesothelioma, it was fair that they should be severally liable only to the extent of that share of risk created by their breach of duty. The cases were remitted to lower courts to redetermine damages based on the proportion of risk attributable to each employer.
590 _aIKA060606 NTK, KA
650 2 4 _aBARKER V CORUS (UK) PLC
651 4 _aUnited Kingdom
_y
690 _aMANAGEMENT-HEALTH AND SAFETY-HAZARDOUS SUBSTANCES-ASBESTOS
856 4 1 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKHL/2006/20.html
_zView the item free of charge at www.bailii.org...
942 _n0
999 _c77147
_d77147