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Holtby v Brigham & Cowan [2000] 3 ALL ER 421 Court of Appeal

The claimant was exposed to asbestos during his working life and suffered asbestosis. He worked for the defendant for 12 years but worked for other employers who each exposed him to asbestos for periods of upto five years. The trial judge assessed his damages and then reduced the damages to reflect the number of years the claimant had worked for the defendant. The claimant appealed contending under the principles in McGhee and Wardlaw he was entitled to full compensation.


The claimant's appeal was dismissed the defendant was only liable in proportion to the exposure they had actually caused. 
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