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Fairchild v Glenhaven Funeral Services Ltd & Ors; and associated cases.




LTL 11/12/2001; [2002] IRLR 129; [2002] 1 WLR 1052; [2002] ICR 412; Times, December 13, 2001" 2001-12-11

Where a claimant had suffered asbestos-induced mesothelioma after having been negligently exposed to asbestos dust during the course of employment with more than one employer, in circumstances where he could not prove which defendant’s breach of duty was the cause of the disease, it was sufficient for a claimant to prove that a defendant materially increased the risk of injury. Such a claimant did not have to satisfy the “but for” causation test.