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Legal casebook: Causation and asbestos

This report relates to 3 case(s)

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    Fairchild v Glenhaven Funeral Services Ltd and others [2002] IRLR 533 HL (6 other reports)

    • Case round-up

      Date:
      1 September 2002

      Our resident experts at Pinsent Curtis Biddle bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

    • Employer's liability: Successive employers were jointly liable for materially increasing risk of employees' disease

      Date:
      1 August 2002

      In Fairchild v Glenhaven Funeral Services Ltd and others, and related cases, the House of Lords holds that, where it is established that successive employers had each failed in their duty of care to protect an employee from contracting a disease during his or her employment with them, but it cannot be proved which particular employment had caused the damage complained of, each employer could be held liable in damages for the breach.

    • House of Lords victory for asbestosis victims

      Date:
      8 July 2002

      The House of Lords has overturned the Court of Appeal decision last December in the test cases of Fairchild v Glenhaven Funeral Services Ltd and related cases.

    • When the dust settles

      Date:
      1 July 2002

      The Law Lords have re-opened the door to compensation claims for asbestos-related disease. But how far-reaching will the ruling be?

    • Asbestos compensation

      Date:
      1 July 2002

      Earlier reports that the floodgates for litigation would open following the Law Lords' ruling on victims of mesothelioma may well prove to have been exaggerated.

    • House of Lords averts major asbestos "injustice"

      Date:
      1 June 2002

      The House of Lords has reversed what the Court of Appeal called a "major injustice" to mesothelioma victims. The ruling, on 16 May, means that victims of this fatal asbestos-induced disease are, after all, eligible for compensation from their former employers.

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    McGhee v National Coal Board [1972] 3 All ER 1008 HL (0 other reports)

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    Wilsher v Essex Area Health Authority [1988] 1 All ER 871 HL (0 other reports)

Question: I have read in the press about an industrial injury case involving a number of claimants suing former employers because they have contracted mesothelioma through exposure to asbestos. This has been described as a landmark judgment. Can you explain what the ruling was and why it is so important?