Litigation Letter

Small contribution to asbestosis held to be material

Carder v Exeter University [2016] EWCA Civ 790, 29 July 2016

Mr Carder was an 87-year-old asbestosis patient, who was an electrician and had been exposed to airborne asbestos by various different employers. It was found by the Court that 97% of the exposure was attributable to his employment in the 1950s, and 2.3% of the exposure was attributable to his employment with Exeter University in the 1980s. The trial judge awarded Mr Carder 2.3% of his claim against the University, but the University appealed against the decision on the basis that its contribution made no difference to Mr Carder’s symptoms and prognosis.