In my latest article, published in the Solicitors Journal on 5th June 2024, I dissect the decision in the conjoined appeal of White v Secretary of State for Health and Social Care and Cuthbert v Taylor Woodrow [2024] EWCA Civ 244 which deals with the duty of employers to protect their employees from the dangers of asbestos.

Given the historic nature of the cases, it is a difficult task for the court, as there are now no witnesses with direct personal experience either as to medical knowledge at the time, or standards which could reasonably be applied to employers. Instead, the court must consider what a reasonable employer in the 1950s and early 1960s (some 60+ years ago) ought to have done, based only on available literature from the era.

In both cases, the first instance courts found that there was some exposure to asbestos, but at a comparatively low level. The question was whether such low-level exposure was sufficient to impose liability on an employer from that era.

To read the article in full (for free), click here: https://www.solicitorsjournal.com/sjarticle/looking-back-in-time-the-duty-of-employers-to-protect-their-employees-from-the-dangers-of-asbestos?pass=548452