High Court hears asbestos exposure applications

The High Court has reserved judgment on applications by the State aimed at preventing the bringing of several personal injuries…

The High Court has reserved judgment on applications by the State aimed at preventing the bringing of several personal injuries claims for alleged anxiety over exposure to asbestos.

Applications to strike out seven sets of proceedings were before the High Court following a Supreme Court judgment earlier this year which quashed an award to a worker who was exposed to asbestos dust while working in the basement of Leinster House in the late 1980s.

Lawyers for the plaintiffs in the seven cases in question are opposing the move to halt the litigation.

In the Supreme Court decision which prompting the strike-out applications, the Supreme Court ruled the law should not be extended to allow plaintiffs recover damages for psychiatric injury "resulting from an irrational fear of contracting a disease because of their negligent exposure to health risk by their employers, where their risk is characterised by the medical advisers as very remote"

READ MORE

The Supreme Court was dealing with an appeal by the Commissioners of Public Works against a High Court award of more than £48,000 to a man. The five-judge Supreme Court unanimously allowed the appeal.

The cases before the High Court yesterday were six actions against Irish Ferries, which took over the old B and I Line, and involve claims that some employees were exposed to asbestos while exployed on ships. A seventh case was against the State. Some of the cases date back to the early 1990s. The claims are denied by the defendants.

After hearing submissions on behalf of counsel for the plaintiffs and defendants in the seven actions, the President of the High Court, Mr Justice Finnegan, reserved judgment.