Comments Lord Nicholls started his brief judgement by explaining that any outcome other than a victory for the claimants would have been "deeply offensive to instinctive notions of what justice requires and fairness demands", and continued that "The real difficulty lies in elucidating in sufficiently specific terms the principle being applied in reaching this conclusion. Fairchild v Glenhaven Funeral Services Ltd & Ors. In each case the employee concerned had been exposed to asbestos by more than one employer during his working life. Discuss the above ... Economic Loss Problem Question. But the House of Lords clearly had no power to impose a legislative solution. Facts. But in McBride and Bagshaw, Tort Law, pp 483-5, we state that the "decision [in McGhee] is very difficult to explain" and offer four possible interpretations of it. Thus it seems that so far as the reasons given by the House of Lords justify the "McGhee principle", they operate cumulatively. To what difficulties had the use of a 'but-for' test of factual causation in ... Remoteness of damage is an interesting principle especially when analyzing two specific cases. As many readers will be aware, in Fairchild, by way of exception to the ordinary rules of causation, the House of Lords held employers who had carelessly exposed three website. the House decided that materially increasing the risk that the disease would occur was sufficient to satisfy the causal requirements for liability… For present purposes, the McGhee principle is sufficient" (paras 65, 74 per Lord Hoffmann); "Following the approach in McGhee I accordingly hold that, by proving that the defendants individually materially increased the risk that the men would develop mesothelioma due to inhaling asbestos fibres, the claimants are taken in law to have proved that the defendants materially contributed to their illness" (para 168 per Lord Rodger). The decision of the House of Lords in Fairchild v. Glenhaven Funeral Services raises important questions about the compensation of employees for occupational injury. Judgement for the case Fairchild v Glenhaven Funeral Services Ltd. Ps had been exposed to asbestos by different employers over different times and they caught a disease from it. It was also agreed that the defendant would either by itself or its agents install the flue… But it was unclear whether "an accumulation of minor abrasions of the horny layer of the skin is a necessary precondition for the onset of the disease. Fairchild v Glenhaven, House of Lords Share Share Print remove content? As it is established that Mr and Mrs Fontes are the occupier and Mr Arantes is a trespasser, Section 1(3). Although the employees in Fairchild were accepted to have been the victims of a complete tort on the balance of probability (i.e. For all the defendants knew, the mill was closed for another reason.19 A new rule was created in this case. Lord Bingham's explanation is that "It is one thing to treat an increase in risk as equivalent to the making of a material contribution where a single noxious agent is involved, but quite another where any one of a number of noxious agents may equally probably have caused the damage" (para 22). Fairchild v Glenhaven Funeral Services Limited On 11 December 2001, the Court of Appeal gave its decision in Fairchild and five other related cases. Fairchild v Glenhaven Funeral Services has carried that process of relaxation to its furthest point yet, in a decision of far-reaching importance.2 The case concerned claimants who had contracted mesothelioma (a lung tumour) through exposure to asbestos, over a lifetime of work for different employers. In the particular circumstances, where the claimants could prove that the employees had been injured by the negligence of one or more of their negligent employers, it seemed particularly harsh to insist that the claimants should lose because the limits of scientific knowledge prevented them from establishing which negligent employer in particular was responsible. The three appeals dealt with by the House of Lords involved employees who had been exposed to asbestos at work and had subsequently contracted mesothelioma (a form of cancer caused by asbestos exposure). Assessing causation and damages where there is sizable uncertainty as to the causal link. fairchild (suing on her own behalf and on behalf of the estate of and dependants of arthur eric fairchild (deceased)) (appellant) v glenhaven funeral services limited and others (respondents) fox (suing as widow and administratrix of thomas fox (deceased)) (fc) (appellant) v spousal (midlands) limited (respondents) matthews (fc) (appellant) v Unfortunately, it is easier to identify the principle, which the majority House of Lords applied, and their reasons for applying it, than to find clear guidance on the scope of the principle. the disease starts at one particular abrasion and then spreads, so that multiplication of abrasions merely increases the number of places where the disease can start and in that way increases the risk of its occurrence" ([1973] 1 WLR 1, 4 per Lord Reid). V. 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