Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22 – Law Journals

Evidential Issues: Asbestos-related lung cancer claims

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Rushmi Sethi considers contributory negligence in lung cancer claims in mostly asbestos-exposed smokers ‘For a defendant facing a claim for damages arising from asbestosis or other lung diseases, the effects of smoking is an important factor to investigate and consider when arguing for a reduction towards their financial liability.’ The inhalation of asbestos dust and …

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Causation: The sum of the parts

Matthew White weighs up the ‘but for’ test and material contribution in cumulative cause cases ‘The “material contribution” approach applies just as much to multiple factor cases as to single agency cases.’ An article in this publication in 2013 (‘Breach of duty and causation, where are we now?’ by Christopher Sharp QC and Matthew White, …

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Material Contribution: Causes for concern

Julian Matthews highlights a case that demonstrates the courts’ approach to contribution to injury ‘Even where there were multiple causes, if the defendant’s breach of duty had materially contributed to one of those causes and that contribution was material to the development of the condition overall, then the principles of material contribution applied, and causation …

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Mesothelioma: Rex, asbestos and the de minimis rule

John McDonald discusses what is meant by a material increase in risk after exposure to asbestos ‘The issue of what is de minimis is a question of fact for determination by the trial judge, rather than purely a matter of medical evidence.’Many of you will know the limerick which goes as follows: There was a …

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Injury At Work: Fault in the wound

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Peter Stewart highlights the important distinction between statutory negligence and strict liability following section 69 of the Enterprise and Regulatory Reform Act 2013 ‘Section 69 considers that it is no longer “just” for employers to be liable in the absence of fault. Justice, however, is a double-edged sword.’Under s69(3) Enterprise and Regulatory Reform Act 2013, …

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Case Report: Professor Carl Heneghan (administrator of the estate of James Leo Heneghan) v Manchester Dry Docks Ltd & Ors EWHC 4190 (QB)

Causation; multi-defendants; asbestos ‘The judge did not accept that a period of exposure that does not increase the risk by more than double can be said to have materially contributed to the cancer.’The High Court ruled on the principles of causation to be applied to a multi-defendant case of asbestos-induced lung cancer. Mr Justice Jay …

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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” …

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Occupational Disease: Extent of insurance cover for mesothelioma claims

Anna Macey discusses the decision in International Energy Group Ltd v Zurich Insurance plc UK Ltd The relationship between an insurer and an insured is contractual, and the premium reflects the risk the insurer is prepared to take and the price they are prepared to accept for it.In this interesting case the Court of Appeal …

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Industrial disease: Divisible and indivisible injuries

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Tim Trotman reviews the tests for factual causation following Sienkiewicz v Greif (UK) Ltd ‘The tests can be encapsulated in familiar phrases: “but for”, “material contribution”, “material increase in risk” and “apportionment”, but discriminating factual cases and matching them to the correct legal test has become far more difficult in the recent past.’ This article …

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Review: A year in the life

Mark Fowles looks back at the year’s important personal injury cases ‘English law has always been nervous about dealing with issues of causation The modern test is a test of policy. The first test is predominantly factual. The second gathers up much of the traditional language that lawyers use in attempting to set a limit …

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