Mesothelioma

McDonald v National Grid Electricity Transmission plc [2014] UKSC 53, [2014] All ER (D) 257 (Oct) NLJ, 5 December

The Court of Appeal had allowed the claimant’s appeal against the dismissal by the trial judge of his claims for damages against National Grid Electricity Transmission plc (NGET) in respect of the cause of his mesothelioma, on the basis that NGET had been in breach of its statutory obligations pursuant to reg 2(a) of the Asbestos Industry Regulations 1931 (SI 1931/1140). However, the court had upheld the judge’s decision to dismiss the claim in respect of breach of statutory duty pursuant to s47 of the Factories Act 1937. The Supreme Court dismissed both NGET’s appeal and the claimant’s cross-appeal against the court’s judgment.