Description
The Fairchild Causation Test Applies in Single Defendant Cases:The Supreme Court held that in cases of mesothelioma following wrongful exposure to asbestos by a single defendant, the causation test in Fairchild v. Glenhaven Funeral Services Ltd (t/a GH Dovener & Son) [2002] UKHL 22 applied. As such, liability would attach to a single defendant who, in breach of duty, had materially increased the risk of the victim contracting the disease. The Supreme Court rejected a proposed test that the claimant had to show that the defendant's breach of duty had doubled the risk of him/her contracting mesothelioma.
