Mr Cox’s employer sent him to an old British Gas site in the 1970s. Whilst he worked there, he claimed he was exposed to asbestos, although he did not work directly with it himself. In 2005, Mr Cox was diagnosed with Mesothelioma.

The employer had ceased trading many years previously and its insurers could not be identified. The case proceeded on the basis that British Gas, as occupiers of the site, still owed a duty of care to Mr Cox. Mr Cox was very ill and infirm. His evidence was heard before a Judge at the Claimant’s home and recorded on DVD. Mr Cox was confused and changed some of his evidence at the hearing. Nonetheless, at the Trial, the Judge concluded Mr Cox had been exposed to asbestos, in particular as he had maintained he observed lorries taking away vast amounts of old asbestos insulation.

The Defendant refused to accept the Judge’s decision and appealed.
The Court of Appeal upheld the Trial Judge’s decision and found that he had been entitled to find that Mr Cox was negligently exposed to asbestos on the evidence before him.