Continue reading "Fairchild Rules: Fair enough?"
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Fairchild Rules: Fair enough?
Patrick Limb QC examines the decision in the appeal case of IEG v Zurich ‘The relaxation of the causal requirement in mesothelioma claims emerged from the conjoined appeals in Fairchild precisely because the insurers were hoping that such claims would founder on the rock of uncertainty created by the inability to satisfy the “but for” …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Barker v Corus UK plc [2006] UKHL 20
- Bonnington Castings Ltd v Wardlaw [1956] UKHL 1
- Durham v BAI (Run off) Ltd (the 'Trigger' litigation) [2012] UKSC 14
- Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22
- International Energy Group Ltd v Zurich Insurance PLC UK Branch [2012] EWHC 69 (Comm); [2013] EWCA Civ 39
- McGhee v National Coal Board [1972] UKHL 7
- Sienkiewicz v Greif [2011] UKSC 10