Uncertainty Over Causal Uncertainty: Karen Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) v Greif (UK) Ltd
| Published date | 01 July 2010 |
| Date | 01 July 2010 |
| DOI | http://doi.org/10.1111/j.1468-2230.2010.00812.x |
This could have the e¡ect of absolving the UK Government from ensuring that
MOU are reliable and e¡ective. The appropriateness of SIAC as a reviewing
body in respect of safety on retur n has been brought sharply into focus by the pre-
sent case. Their Lordships seemingly accepted the lack of rigour in the standard of
review undertaken by SIAC and that the review of SIAC’s conclusions by appellate
courts, in the words of Lord Phillips, ‘falls well short’ of that carried out by the
ECtHR. At the same time, their Lordships appeared to be overly
sanguine that the reliance placed by SIAC on MOU in the ‘public domain’
does ensure procedural fairness and adequate safety on return. Further tension
derives from the fact that their Lordships a⁄rmed the validity of MOU
but did not consider what MOU are and deliberately avoided taking the opportu-
nity to examine the e¡ectiveness and reliability of MOU. Thus, it is not clear the
standard and practical e¡ect that MOU must achieve before they may be said to be
reliable. It is notable that their Lordships did not consider that the UKGovernment
has an interest in limiting the disclosure of the evidence of ill-treatment in receiving
countries for SIAC to review, which could undermine SIAC’s review process.
It is not the suggestion in this notethat foreign nationals suspectedof terrorism
are not deported, but rather that if their Lordships are content for the UK Gov-
ernment to deport to countries with a real risk of ill-treatment then they should
openly confront the practical realities of safety on return and, for example, the
potential use of independent monitoring bodies in order to ensure that MOU
are e¡ective and, if necessary, the UK Government is held responsible. It seems
that forthe foreseeable future, suspected terroristsdeported with a real riskof tor-
ture will have to rely on the ECtHR for an e¡ective remedy.
Uncertainty Over Causal Uncertainty: Karen Sienkiewicz
(Administratrix of the Estate of Enid Costello Deceased) vGreif
(UK) Ltd
Sandy Steel
n
In Sienkiewicz vGreif,
1
the Courtof Appeal consideredthe applicationof and rela-
tionship between section 3 of the Compensation Act 2006 and the common law
relating to proof ofcausation in asbestos-related mesothelioma cases.
n
Corpus Christi College, Universityof Cambridge.Than ks toDavid Ibbetson and Nick McBride for
comments. Usualdisclaimer applies.
1SienkiewiczvGreif (UK) Ltd [2009] EWCACiv1159( Sienkiewicz).
Uncertainty Over Causal Uncertainty
646 r2010The Author.Journal Compilation r2010The Modern Law ReviewLimited.
(2010) 73(4) 631^655
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