Holtby v Brigham and Cowan (Hull) Ltd [2003]

H, a marine fitter who had been exposed to asbestos dust throughout his work history with different employers, and who contracted asbestosis as a result, claimed damages from BC, a company with whom he had 12 years service. Judgment was entered in his favour, but H appealed against a decision to reduce his damages to reflect his exposure to asbestos with other employers. He contended that 1) he was entitled to recover all his loss from BC, upon proving that its tortious conduct materially contributed to his asbestosis, and 2) BC ought to have pleaded that others were responsible for H's condition and it…