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McDonald -v- National Grid Electricity Transmission Plc

McDonald -v- National Grid Electricity Transmission Plc

Postby dls » Mon Nov 03, 2014 6:47 pm

McDonald -v- National Grid Electricity Transmission Plc - SC - 22-Oct-2014 - Lord Neuberger, Lady Hale, Lord Kerr, Lord Clarke, Lord Reed (WLRD, [2014] WLR(D) 439, Bailii, [2014] UKSC 53, UKSC 2013/0263, Bailii Summary) - Personal Injury - Health and Safety
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash froma power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had failed to comply with the 1931 Regulations.
Held: The appeal by National Grid *Reed and Neuberger LL dissenting) and cross apeal by Mrs McDonald (Hale L dissenting) were both dismissed. The 1931 Regulations apply to all factories and workshops processing asbestos, not just those dealing with asbestos in its raw, unprocessed condition: "The words in section 47(1), 'a process' carried on in any factory should be given their plain and natural meaning. To suggest that they import some intimate connection with the manufacture of a product introduces an unnecessary and unwarranted gloss on the subsection. If it is a process that is a normal feature of the factory's activity, it is a process for the purposes of the legislation. I would therefore hold that the lagging work which Mr McDonald encountered in the power station constituted a process for the purposes of section 47 and that the first condition necessary to show breach of subsection (1) of that section has been met."
As to the cross appeal, while the rest of the statutory criteria were met, the evidence did not rebut the conclusion that the exposure to asbestos had not been in the form of a "substantial quantity of dust" given off by the mixing process as was required by s. 47(1) of the 1937 Act.
Statutes:
Asbestos Industry Regulations 1931 s. 2(a)
Factories Act 1937 s. 47

Cases Cited:
Shell Tankers UK Limited -v- Jeromson; The Cherry Tree Machine Company Limited, Shell Tankers UK Limited -v- Dawson CA 2-2-2001 (Times 02-Mar-01, Bailii, [2001] EWCA Civ 101, [2001] ICR 1223, [2001] PIQR P19)
McDonald -v- Department for Communities and Local Government and Another CA 6-11-2013 (Bailii, [2013] EWCA Civ 1346, [2013] WLR(D) 431, WLRD) - Appeal from
Asociatia Accept -v- Consiliul National Pentru Combaterea Discriminarii ECJ 25-4-2013 (C-81/12, Bailii, [2013] EUECJ C-81/12, [2013] 3 CMLR 26, [2013] ICR 938, [2013] WLR (D) 153, [2013] All ER (EC) 857, [2013] Eq LR 640, [2013] IRLR 660, WLRD)
Watt -v- Fairfield Shipbuilding & Engineering Company Limited and Upper Clyde Shipbuilders Ltd and Energy & Marine (Weirside) Limited SCS 3-11-1998 (Bailii, ScotC, [1998] ScotCS 48)
Canadian Pacific Steamships Ltd -v- Bryers HL 1957 ([1958] AC 485, [1957] 3 All Er 572)
Brophy -v- J C Bradfield & Co Ltd CA 1955 ([1955] 1 WLR 1148)
Banks -v- Woodhall Duckham & Others CA 30-11-1955 (Unreported 30 November 1955)
Nurse -v- Morganite Crucible Ltd HL 1989 ([1989] AC 692, [1989] 1 All ER 113)
Owen -v- IMI Yorkshire Copper Tube QBD 15-6-1995 (Unreported, 15 June 1995) - Approved
Harrison -v- National Coal Board HL 1951 ([1951] AC 639, [1951] 1 TLR 1079, [1951] 95 Sol Jo 413, [1951] 1 All ER 1102)
Massey-Harris-Ferguson (Manufacturing) Ltd -v- Piper QBD 1956 ([1956] 2 QB 396)
Groves -v- Lord Wimborne CA 1898 ((1898) 79 LT 284, (1898) 67 LJQB 862, [1898] 2 QB 402)
Hartley -v- Mayoh & Co 1954 ([1954] 1 QB 383)
Richards -v- Highway Ironfounders (West Bromwich) Ltd CA 1955 ([1955] 1 WLR 1049)
Gregson -v- Hick Hargreaves & Co Ltd CA 1955 ([1955] 1 WLR 1252)
Nash -v- Parkinson Cowan Ltd 1961 ((1961) 105 S J 323)
Wigley -v- British Vinegars Ltd HL 1964 ([1964] AC 307)
Uddin -v- Associated Portland Cement Manufacturers Ltd CA 1965 ([1965] 2 QB 582, [1965] 2 All ER 213, [1965] 2 WLR 1183)
Grant -v- National Coal Board HL 1956 ([1956] AC 649)
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