Johnstone (Personal Representative of the Estate of Elaine Jean Johnstone, Deceased) (Appellant) v Fawcett's Garage (Newbury) Limited (Respondent)

Case summary

Case ID

UKSC/2025/0102

Parties

Appellant(s)

Alexander Johnstone

Respondent(s)

Fawcett's Garage (Newbury) Limited

Issue

The use of statistical evidence in civil proceedings, specifically in the context of mesothelioma claims and determining whether there was a material increase in risk.

Facts

Mrs Johnstone died from malignant mesothelioma in August 2019. Her husband, Mr Johnstone (the Appellant), brought proceedings against the garage where she had worked (the Respondent) for more than seven years in the 1980s. He argued that she had been exposed to asbestos during her employment there, such that her risk of developing mesothelioma had been materially increased. While at the garage, Mrs Johnson had worked in an office across a yard from the garage’s workshop. The Respondent admitted that there had been unsafe practices in use in the workshop at that time which generated clouds of dust containing asbestos fibres. But it denied that it was responsible for Mrs Johnson’s mesothelioma. In the High Court, the judge concluded that, at most, the actions of the Respondent had caused Mrs Johnstone to be 0.1% more likely to develop mesothelioma, which was not a material increase in risk. The Court of Appeal upheld the trial judge’s decision. Mr Johnstone now appeals to the Supreme Court.

Date of issue

19 June 2025

Case origin

PTA

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