Mesothelioma: Rex, asbestos and the de minimis rule

2 Temple Gardens | Personal Injury Law Journal | February 2016 #142
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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Industrial disease: Divisible and indivisible injuries

Deans Court Chambers (Chambers of Craig Sephton QC) | Personal Injury Law Journal | March 2012 #103
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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