Causation Asbestos in UK Law

  • Fairchild v Glenhaven Funeral Services Ltd and Others
    • House of Lords
    • 20 Junio 2002
    ...... care or to take all practicable measures to prevent C inhaling asbestos dust because of the known risk that asbestos dust (if inhaled) might cause ... or policy requires or justifies a modified approach to proof of causation. . . 3 It is common ......
  • Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore
    • Supreme Court
    • 09 Marzo 2011
    ......, indeed possibly in all cases, it is caused by the inhalation of asbestos fibres. Unusual features of the disease led the House of Lords to create a special rule governing the attribution of causation to those responsible for exposing victims to asbestos dust. This was ......
  • Barker v Corus (UK) Ltd; Murray v British Shipbuilders (Hydrodynamics) Ltd; Patterson v Smiths Dock Ltd and Others
    • House of Lords
    • 03 Mayo 2006
    ...... after being wrongfully exposed to significant quantities of asbestos dust at different times by more than one employer or occupier of premises ... of inference, concluding that the ordinary 'but for' standard of causation is satisfied. Instead, the court is applying a different and less ......
  • Chester v Afshar
    • House of Lords
    • 14 Octubre 2004
    ...... question in this appeal is whether the conventional approach to causation in negligence actions should be varied where the claim is based on a ... were that claimants had developed mesothelioma after exposure to asbestos dust while employed by different and entirely separate employers. Breach ......
  • Lubbe and Others v Cape Plc and related appeals
    • House of Lords
    • 20 Julio 2000
    ...... some cases death) allegedly suffered as the result of exposure to asbestos and its related products in South Africa. In some cases the exposure is ... injury issues relevant to each individual: diagnosis, prognosis, causation (including the contribution made to a plaintiff's condition by any sources ......
  • Heil v Rankin
    • Court of Appeal (Civil Division)
    • 13 Junio 2000
    ...... died on 8 September 1993, aged 74, of malignant mesothelioma, an asbestos induced illness. Mrs Base was the wife of Robert Base, who worked for John ... 170 There were difficult issues of causation and Mr Heil has grounds of appeal against the judge's decision on this ......
  • Adams v Bracknell Forest Borough Council
    • House of Lords
    • 17 Junio 2004
    ...... . 37 In Smith v Central Asbestos Co Ltd [1972] 1 QB 244 the Court of Appeal applied this test and in ... (mostly an estimate of loss of earnings), the uncertainties of causation and quantification mean that in the event of success an award is likely to ......
  • Cartledge v E. Jopling & Sons Ltd
    • Court of Appeal
    • 23 Junio 1961
    ....... . 63 Then comes the question of causation. As the actions were commenced on the 1st October, 1956, and the period of ... 'pneumoconiosis' means fibrosis of the lungs due to silica dust, asbestos dust or other dust, and includes the condition of the lungs known as ......
  • R (C) v Middlesbrough Council; A v Hoare and other appeals
    • House of Lords
    • 30 Enero 2008
    ......In May 2004 there was a trial on liability, causation, limitation and quantum. The judge found that the appellant had been ...If a claimant in the course of his employment inhaled fibres of asbestos, which unknown to him set up the physiological process resulting many ......
  • Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: Reference by the Counsel General for Wales
    • Supreme Court
    • 09 Febrero 2015
    ......Lord Hope was addressing the expansion of insurance liabilities by conventional routes, including the relaxed approach to causation taken in cases such as Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 23 , [2003] 1 AC 32 and the Trigger litigation, and using that ......
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