QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
(Sitting as a Deputy High Court Judge)
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MATTHEW ANTONY TAYLOR |
Claimant |
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- and - |
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FASCIA FUTURE LIMITED |
Defendant |
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Mr Richard Livingston (instructed by DAC Beachcroft Claims Ltd) for the Defendant
Hearing dates: 1st-2nd November 2018
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Crown Copyright ©
Ms Rowena Collins Rice :
Introduction
The Factual Issues
A: Frequency of Encounter
Question 1: For how many days per week did the Claimant work for the Defendant between 1995 and 1997?
General issues about frequency of encounter
Question 2: How frequently did the soffits, gutters and fascias, encountered by the Claimant, comprise asbestos?
"in the present case there is the potent additional consideration that any difficulty of proof for the claimant has been caused by the defendant's breach of duty in failing to take any measurements. The judge does not appear to have given any weight to this important factor." (paragraph 18).
"If it is a defendant's duty to measure noise levels in places where his employees work and he does not do so, it hardly lies in his mouth to assert that the noise levels were not in fact excessive. In such circumstances the court should judge a claimant's evidence benevolently and the defendant's evidence critically. … [A] defendant who has, in breach of duty, made it difficult or impossible for a claimant to adduce relevant evidence must run the risk of adverse factual findings. To my mind this is just such a case."
B: Removal
Question 3: How were the soffits, gutters and fascias removed from the buildings? Did this liberate asbestos dust/fibres?
Question 4: How were these materials dealt with following removal?
C: Disposal
Question 6: How were asbestos containing materials disposed of before the late 1990s/1999?
Question 7: How were asbestos containing materials disposed of after the late 1990s/1999?
Question 8: Was Mr Walpole's mother-in-law's garage used to store waste asbestos?
Question 9: Did the Claimant smash the asbestos waste materials in the garage and, if so, (a) how frequently did he undertake this task? and (b) for how long on average on each occasion?
Question 10: Was asbestos waste placed into bags for disposal and removed from the garage by third parties? If so, how often?
Asbestos materials and asbestos dust
D: Risk Awareness
Question 11: What, if any, knowledge did the Defendant possess regarding the risks of exposure to asbestos during the course of the Claimant's employment?
Question 12: What, if any, knowledge did the Claimant possess regarding the risks of exposure to asbestos during the course of his employment with the Defendant?
Question 5: What, if any, measures did the Defendant implement to prevent or limit exposure to asbestos dust?
Conclusion