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Rolls Royce Industrial Power (India) Ltd v Cox [2007] EWCA Civ 1189 (22 November 2007)

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Judge Right to Conclude that Mesothelioma Case against Appellant had been Proven The appellant company appealed against a decision that they were liable to the widow of an employee who contracted mesothelioma as a result of exposure to asbestos during 24 years working as a welder. He had been employed by the company for part of 1966-67; other companies who had employed him no longer existed or where unidentifiable. The appellants contended, inter alia, that there was no evidence that his work had entailed exposure to asbestos. The Court of Appeal held that, on the evidence, it was clearly open to the Judge to make the findings of fact that he had. Applying Fairchild, it held that there had been a material increase of contracting mesothelioma.

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