In Horsley v Cascade, the Court looked at damages for a respiratory disability of 15% due to asbestosis with a background of heavy smoking.

Horsley v Cascade Insulation Services Ltd (1) C&D (Insulation Operations) Ltd (2)
[2009] EWHC 2945 (QB)

The Claimant, 55, had developed asbestosis partly due to his work for D1 and D2. He had been a heavy smoker for 35 years. He had a respiratory disability of 20% of which 15% was attributable to asbestosis and 5% to obesity. He sought a final award to reflect: a 50% risk of the asbestosis progressing; a 5% chance of mesothelioma; and a risk of lung cancer increased from 12% to 36% as a result of the synergistic effect of smoking and asbestos exposure.

In addition to PSLA, the Claimant claimed loss of earnings and lost years income on the basis that he may develop malignant disease. He claimed loss to age 70 discounted by 29% (5% for mesothelioma and 24% for increased risk of lung cancer) and then discounted by 50% because a malignant disease could develop at any time. He sought substantial losses from businesses in the UK and Dubai.

The Judge awarded PSLA of £45,000 based squarely on the JSB Guidelines. Damages for the risk of malignancy were subject to a deduction of 20% for contributory negligence due to the smoking history.