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Carder v The University of Exeter - Aliyah Akram, 12 King's Bench Walk

26/09/16. The Court of Appeal decided that a defendant was liable to compensate a claimant for a 2.3% contribution to his asbestosis in Carder v The University of Exeter [2016] EWCA Civ 790.

Mr Carder was exposed to asbestos throughout his working life and as a result developed asbestosis. The majority of his exposure was while working with a company called Colston Electrical Company Ltd. Since that company could not be traced a claim was pursued against The University of Exeter who had contributed to 2.3% of Mr Carder’s total exposure.

Mr Carder’s exposure with the University came from his work as a maintenance electrician. The University admitted liability but sought to defend the claim on the basis that it had not caused any additional damage to Mr Carder.

It was agreed that the University’s 2.3% contribution to Mr Carder’s total exposure had made a 2.3% contribution to his asbestosis. The University argued however that it had not caused actionable damage because although that contribution was material it was...

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