Court ruling on lung cancer and asbestos

THE High Court has ruled that there is a strong link between lung cancer and asbestos exposure, setting an important precedent for subsequent cases.

Although it has long been accepted that asbestos causes lung cancer, proving the link in court has been difficult because, unlike mesothelioma, the condition can be caused by other factors, such as smoking. Most previous cases have been settled out of court.

John Shortell had been exposed to asbestos for the majority of his working life at a number of power stations. He died in 2006. Although Shortell smoked until he was 53, the judge ruled that the exposure to asbestos more than doubled the claimant’s risk of developing lung cancer and that his smoking did not counteract the negligence and breaches of duty by his employers.