Rehana Azib explains why 2009 was a bad year for defendants
n Karen Sienkiewicz (Administratrix of the Estate of Enid Costello, Deceased) v Greif (UK)Ltd [2009] EWCA Civ 1159, the Court of Appeal examined the issue of causation in the context of the Compensation Act 2006 (CA 2006), s 3.
The court at first instance had ordered that the claim for damages for death due to mesothelioma be dismissed where the claimant had been an office worker at a steel-drum factory. Asbestos dust had been released during the manufacturing process and the deceased’s duties had taken her all over the factory, including the areas that had been contaminated by asbestos.
Furthermore, she had been exposed to a low level of asbestos dust in the general atmosphere, along with other inhabitants in her local area.
The total tortious exposure was found to be modest compared with the total environmental exposure and had not more than doubled the risk of non-tortious exposure.
An appeal was made on behalf of the deceased that all that had to be proven was that the tortious exposure had materially increased the
