Macarthy (Executor of the Estate of Heward, deceased) and another v Marks & Spencer plc

Tort – Occupiers liability. The deceased brought a claim against the defendant for negligence at common law for the consequences of contracting mesothelioma. Considering the Occupiers Liability Act 1957 the Queen's Bench Division held that the claim against the defendant failed on both in respect of the exposure to asbestos that the deceased experienced in the defendant's store in 1967, and in stores subsequently, whilst inspecting store premises.

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