Evidential Issues: Asbestos-related lung cancer claims

Rushmi Sethi | Personal Injury Law Journal | July/August 2017 #157
Rushmi Sethi considers contributory negligence in lung cancer claims in mostly asbestos-exposed smokers ‘For a defendant facing a claim for damages arising from asbestosis or other lung diseases, the effects of smoking is an important factor to investigate and consider when arguing for a reduction towards their financial liability.’ The inhalation of asbestos dust and …

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Case Report: Sienkiewicz v Greif (UK) Ltd [2011] UKSC 10

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | May 2011 #95
Asbestos; causation; applying Fairchild; single exposure; s3 Compensation Act 2006 ‘The rule in Fairchild applies to single exposure cases of mesothelioma just as it does in multi-exposure cases. In this way, the decision has dealt a very significant blow to the position of defendants in mesothelioma cases.’In Fairchild v Glenhaven Funeral Services Ltd [2002] the …

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