Asbestos cases and non-employer occupiers
A member of the asbestos team considers such claims and suggests the strongest route is the Factories Act 1961, applying the judgement of Fairchild in support of that and in general feels the cases are only likely to succeed in factories. He explains why the Occupiers’ Liability Act is of no use and analyses all possible routes.
We are reminded that these cases are only worth pursuing if you can establish PL cover at the time the injury occurred.
Counsel says each case is fact specific and recommend we get detailed advice from senior counsel if we propose to pursue these very difficult, vigorously contested and expensive cases.
Copies with your National Asbestos Team rep.
Rights of safety reps
This TUC publication has been circulated through Thompsons.
From a litigator’s point of view, it is worth reading Reg 7 regarding access to accident books, risk assessments with the consent of the individual identified. Using this in the right way could speed up access to relevant disclosure rather than waiting for the protocol documents.