Consequential lung conditions arising from surgery for dust-caused conditions (such as nasal cancer) are 'attributable to dust' within s 3(b) of the Dust Diseases Tribunal Act 1989 and enliven the Tribunal's exclusive jurisdiction under s 11(1), even where the primary condition is not itself a dust-related condition. The jurisdictional criterion is whether the plaintiff claims damages in respect of a dust-related condition, not whether the cause of action when first accruing was for such a condition. A de minimis qualification applies.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.