The English Court of Appeal has taken another look at the question of foreseeability risk, again in the context of asbestos-related disease. These cases are important for companies innovating in new technologies, because they give valuable insight into the expectations for how a company should manage its activities when dealing with an area of uncertain or unmeasurable risk. In this case the court considered whether the applicable standard was set by a guidance document published by the government around the relevant time, or whether the right approach is to look at the broader circumstances, including the knowledge of the reasonable company at the time. The court concluded that the latter “more nuanced approach” was the correct route.

Our colleague Richard Hopley considers the judgment in Bussey v Anglia Heating ([2018] EWCA Civ.243, 22 February 2018) here.

Posted by Jamie Humphreys

Jamie Humphreys is a litigation and regulatory lawyer. He is a strategic advisor to clients who face critical threats to their business at all stages of the product life-cycle, working with them to ensure the most favourable outcome and manage any reputational impact. He also provides policy advice to clients on proposed legislation and regulations that may introduce profound changes to their business. He has acted on high profile litigation across a range of different industries, internal investigations into allegations of fraud by global products manufacturers, major corruption investigations for Governments, and B2B product liability disputes, international recalls and consumer claims for well-known global brands. He is passionate about the impact that new technologies such as 3D printing, AI and Internet of Things will have in the products space and works with clients to ensure they prosper within a dynamic regulatory environment.

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