Richard Maddox(Applicant) v Cowley Coalmines UK Ltd(Respondent)

Supreme Court

October 2023

Cowley Coalmines UK Ltd (CC-UK) is a medium sized company that mines and supplies coal to both commercial and domestic customers. The company employs 12 people, four of whom are involved in the actual mining activity. Richard Maddox is one of the four.

Richard Maddox was an employee of CC-UK for 11 years before his retirement. He retired three years ago and is now 70 years of age. He was employed as a coal miner all his working life and, including CC-UK, worked for 3 other coal mines for approximately equal periods of time. Mr Maddox has been diagnosed with Chronic Obstructive Pulmonary Disease (COPD) and medical experts agree that, on balance, the cause was the continued inhalation of coal mine dust throughout his working life.

Long term exposure to coal mine dust has been known to cause COPD - In addition, research over the past 20 years has shown that many, perhaps all, dusts previously considered inert can produce COPD or other chronic lung conditions from long-term exposures.

CC-UK accept that they owe a duty of care to Mr Maddox but deny liability on the following grounds:

1. That even if there was a breach, then it was impossible to identify which employer caused the COPD disease.
2. If there was a breach and CC-UK had caused the damage, that damage was too remote.

In the High Court, Hiscox J held:

1. On the balance of probabilities, it is not possible to identify which employer caused the damage (Fairchild v Glenhaven Funeral Services Ltd distinguished)

The case now comes before the Supreme Court (Lady Dale, Lady Joyce, Lord Winston, Lord Paul and Lord Charles). The appellant is Mr Maddox, the respondent CC-UK Ltd.

Write a mooting argument equivalent to 10 minutes speaking, representing the appellant Mr Maddox, focusing on the balance of probabilities. Include counterarguments to attempt to knock down the counterarguments. Include relevant or related judgments and cases for your argument, and also include journal articles to support the points argued.