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Sir Robert Lloyd & Co Ltd and Others v Bernard Hoey (2011), EWCA Civ, 1060, 09/09/11

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The Claimant had been exposed to asbestos following employment with the Defendant and issued on the basis of diffuse pleural thickening. He had first developed chest pains in the mid 1980's and though pleural thickening was noted on some of his x-rays, it was not the suspected cause of his chest pain and he was subsequently discharged from clinic. The expert evidence was that the pleural thickening would have caused this chest pain. He returned to work but returned to hospital with breathing difficulties in 2007. It was held that the trial judge was correct to conclude this admission represented a transient episode of chest pain and he did not realise he had suffered a significant injury pursuant to s.14(1)(b) of the Limitation Act 1980 and the question of attributability under s.14(1)(b) did not arise.

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