Litigation Personal Injury 3/2/98

Quinn v MoD CA 28 November, 1997

Claimant: Ronald Quinn, 65

Incident: Exposure to asbestos

Injuries and contentions: Appellant exposed to asbestos dust for more than 40 years while serving in the Royal Navy claimed damages from Ministry of Defence (MoD). Alleged that between 1949 and 1956 he was exposed to large quantities of asbestos dust. He now suffers from mesothelioma which has left him, inter alia, unable to walk anything more than short distances. Court upheld the MoD's claim it was immune from being sued under the terms of the 1947 Crown Proceedings Act. Lord Justice Swinton Thomas said that by early 1949 the MoD 'either knew or ought to have known' of the dangers of exposure to asbestos dust. However, he said that no contract of employment existed between the Crown and servicemen and it had long been the law that police officers and members of the armed forces injured in the course of their duties could not sue the Crown