Southampton: Moore Blatch wins Court of Appeal asbestos case

In a recent case won by Southampton lawyers Moore Blatch, the Court of Appeal ruled that asbestosis sufferers could be entitled to proportional compensation from as low as 2.3% from negligent employers, based upon the number of years worked. The ruling confirms that proportional compensation is applicable even if the employer’s overall contribution to the condition was minimal and the entitlement was as low as 2.3%.

The ruling relates to retired electrician, Albert Carder, who was exposed to asbestos while working at Exeter University. Although most of his asbestos exposure occurred earlier in his career, Moore Blatch, calculated that his employment at the university contributed 2.3% toward his asbestosis, and the Court of Appeal has upheld the calculation and judgement made by the High Court in 2015 that Carder was entitled to compensation. Exeter University’s insurers had argued that the proportion of the exposure was minimal and had made "no discernible difference to his condition”.

John Hedley of Moore Blatch, representing Carder, commented: “This decision is very important and will influence other asbestos cases. While there is a long-established principle around minimal contributions to asbestos exposure by employers, this case helps define what minimal actually means.”