Employers' liability for asbestos diseases: House of Lords takes a turn in English law: recent House of Lords decision may indicate a return to the lower "material contribution" causation test and a general lowering of the burden of proof.

From: Defense Counsel Journal | Date: July 1, 2002| Author: | Copyright information

PERSONAL injury cases against employers in Britain are made on the basis of breach of duty, whether common law or statutory. The mainstay of liability is that it must involve a breach of duty that is causative of injury. This hurdle is the main stumbling block for claimants in complex industrial disease cases. The interpretation of what proves causation has become one of the most divisive issues in politics and the British courts today.

This has been topically illustrated in the recent case of Fairchild v. Glenhaven Funeral Services Ltd., (1) a Court of Appeal ruling that ...

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