You may recall that we recently blogged about Bussey v Anglia Heating. This was a case in which HHJ Yelton (sitting as a High Court Judge) found that between 1965 and 1968 the Claimant’s husband had been exposed to asbestos, at levels which fell below the TDN13 threshold. The Judge held that he was bound by Williams v Birmingham and that accordingly the claim could not succeed.
The Claimant applied for permission to appeal on the facts (the level of exposure) and the law (the legal arguments about the status of Williams and its relevance to her case).
Permission to appeal has been granted on the law only and an expedited hearing has been ordered. The appeal will be listed before October 2018.
You can read our full post on Bussey here, in which a detailed summary of the legal arguments advanced at first instance are set out.