Laura Trezise outlines a successful defence of an asbestos related claim pursued under the Occupiers Liability Act
In Macarthy (Executor of the Estate of Heward, deceased) v Marks & Spencer plc [2014] EWHC 3183 (QB), [2014] ALL ER (D) 105 (Oct), Mr Heward worked for a family business, DH Allan & Sons Ltd (the third party), initially as an employee and from 1981 as managing director. Their business was shop-fitting. The only alleged exposure to asbestos dust was while the deceased was working for DH Allan at stores owned and operated by Marks & Spencer plc. Mr Heward died of mesothelioma in 2009. A claim was pursued by his estate and that of his wife, alleging that such exposure had caused his death.
It was alleged that the deceased’s exposure had occurred during two distinct periods. In the first period, he worked as a joiner at the M&S store in York for three weeks in the summer of 1967. The deceased worked alongside specialist contractors, Darlington Insulation, who carried out installation of asbestos ceiling tiles. Darlington’s employees were provided with respiratory protective equipment (RPE), the
