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Appeal leaves firms facing mesothelioma award

This report relates to 1 case(s)

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    Jeromson v Shell Tankers (UK) Ltd and Dawson v Cherry Tree Machine Co Ltd and another [2001] ICR 1223 CA (0 other reports)

In Jeromson v Shell Tankers (UK) Ltd and Dawson v Cherry Tree Machine Co Ltd and another [2001] EWCA Civ 100, the Court of Appeal upholds damages awards to the widows and families of two men killed by mesothelioma after exposure to asbestos fibres. The case of Dawson allocates responsibility for asbestos exposure to two employers, and is one of the last to do so, following the decision in Fairchild v Glenhaven Funeral Services Ltd and others [2001] EWCA 1881, Court of Appeal, B3/01/038211 December 2001 . Fairchild changed everything by requiring proof of where and when the asbestos inhalation that triggered the mesothelioma occurred. Fairchild is under appeal to the House of Lords. If the ruling is not overturned, it will not be possible for claimants in cases like Dawson to succeed in the future because of the current scientific impossibility of proving which of multiple employers was actually responsible for the onset of mesothelioma.