Causation Asbestos in UK Law
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Sienkiewicz v Greif (UK) Ltd and Willmore v Knowsley Metropolitan Borough Council: A Material Contribution to Uncertainty?
In the conjoined cases of Sienkiewicz and Willmore, the Supreme Court decided that the exceptional Fairchild approach to the proof of causation in negligence applied where a mesothelioma victim had......... where a mesothelioma victim had been negligently exposed to asbestos byo nedefe ndantat a level well below unavoid- able environmentalasbestos ... ng the primacy of the common law as go verning the rules of causation in mesothelioma cases, the Supreme Court failed to clarify the scope of ......
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Justifying Exceptions to Proof of Causation in Tort Law
This article defends a set of exceptions to the general rule in tort law that a claimant must prove that a particular defendant's wrongful conduct was a cause of its injury on the balance of probab......... the risk of the claimant’s injury to generate liability in certain contexts, most notably in cases of mesothelioma caused by exposure to asbestos dust. 6 In these contexts, the claimant succeeds despite it being impossible to prove on the balance of probabilities that the defendant’s wrongful ......
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Factual Causation
...... 6 See Jane Stapleton, 'The Two Explosive Proof- of -Causation Doctrines Central to Asbestos Claims' (2009) 74 Brooklyn L aw Review 1011 (hereafter 'The Two Explosive Proof- of - Causation Doctrines ') . 7 See ......
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Harmful Conduct as the Touchstone of Causation: An Analytical Comparison of Barker v Corus and Julian
...... (1) . The original decision in
Fairchild v Glenhaven Funeral Services . In this case the claimants had been exposed to asbestos dust while working for several employers, including the defendants, and had subsequently developed mesothelioma. The precise mechanism of how one ...... -
‘Loss of a Chance’ Revisited: Gregg v Scott
...... reached if it could not first be established, at the stage of causation, that the injury had been caused by the defendant’s negligence. In ... developed mesothelio- ma as a consequence of his exposure to asbestos, caused by the negligence of successive employers. Such is the aetiology ......
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‘Factual causation’ and ‘scope of liability’: What's the difference?
According to a dominant view, for the negligent defendant to be held liable for the plaintiff's harm the plaintiff must establish first, that the breach was the ‘factual cause’ of the harm, and sec.........42 Kwasny v US 823 F 2d 194 (7 th Cir 1987); quoted in J. Stapleton, ‘Two Causal Fictions at the Heart of US Asbestos Doctrine’ (2006) 122 LQR 189, 193–194; see also Hamer, n 31 above, 614–628. 43 Roberts v Dorman Long & Co Ltd [1953] 1 WLR 942, 946. 44 ......
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Deportation of Suspected Terrorists with ‘Real Risk’ of Torture: The House of Lords Decision in Abu Qatada1
This note discusses the House of Lords' decision in RB (Algeria) (FC) and another v Secretary of State for the Home Department; OO (Jordan) v Secretary of State for the Home Department that the rea......... Compensati on Act 2006 and the co mmon law relating t o proofof causation... on Act 2006 and the co mmon law relating t o proofof causation in asbestos......
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Unjust Enrichment in the ‘Fairchild Enclave’ International Energy Group Ltd v Zurich Insurance plc
In International Energy Group v Zurich Insurance, the Supreme Court considered the implications of the special rule in Fairchild v Glenhaven Funeral Services Ltd for insurers’ for employers’ liabil......... 1 ( Fairchild ) the House of Lords formulated a special rule of causation for claims by employees who had been negligently exposed to asbestos by ......
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PERSPECTIVES ON CAUSATION. Ed Richard Goldberg Oxford: Hart (www.hartpub.co.uk), 2011. xxx + 447 pp. ISBN 9781849460866. £75.
......Sanders and Morgan (convincingly) agree that carving out an enclave of exceptionality
only for asbestos cancer cases, as English law has, is more or less impossible to justify as a matter of legal principle. The former, comparing the similar US and ...... -
Dust on the Streets and Liability for Environmental Cancers
......Both plaintiffs 2 had lived near the former J.W. Roberts asbestos factory in Armley, Leeds, and had contracted the fatal cancer ..., when ‘confronted with a terminally ill man with a case as to causation so strong that it was in due course conceded’ (trial judgment ......
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