Fairchild v Glenhaven Funeral Services Ltd

Tumor Mesothelioma2 legend

Fairchild v Glenhaven Funeral Services Ltd is a landmark case in English law, particularly within the realm of employment law and tort law. The case is significant for establishing an exception to the traditional causation principle in cases involving multiple potential causes of a disease. This article provides an overview of the case, its background, the legal issues it addressed, and its impact on subsequent legal developments.

Background

The case involved several claimants who had been exposed to asbestos while working for different employers. The claimants developed mesothelioma, a form of cancer that is closely associated with exposure to asbestos. Mesothelioma has a long latency period, and it is difficult to pinpoint the exact timing or source of asbestos exposure that caused the disease. This posed a challenge for the claimants in proving causation, as traditional legal principles required the claimant to show on the balance of probabilities that the defendant's negligence was the cause of their injury.

Judgment

The House of Lords, in a landmark decision, held that where it is impossible for a claimant to prove which of several exposures to asbestos caused their mesothelioma, each employer who negligently exposed the claimant to asbestos can be held liable. The Lords developed a "material increase in risk" test for causation in these circumstances. This meant that if an employer materially increased the risk of the claimant developing mesothelioma, that employer could be held liable, even if it could not be shown that their asbestos exposure was the specific cause of the disease.

Legal Issues

The case addressed several key legal issues:

• The application of the traditional "but for" test of causation in cases involving multiple potential causes of harm.
• The fairness and justice in holding an employer liable for a disease that has a long latency period and can be caused by minimal exposure to asbestos.
• The development of a new principle that allows for liability where there is a material increase in the risk of developing a disease, even if specific causation cannot be established.

Impact

The decision in Fairchild v Glenhaven Funeral Services Ltd had a profound impact on the law of tort, particularly in the context of industrial diseases and conditions with long latency periods. It has allowed claimants in similar situations to seek compensation from their employers for diseases like mesothelioma, even when they cannot prove which exposure was the definitive cause of their condition. The case has been followed and applied in subsequent cases, expanding the scope of employer liability in cases of occupational diseases.

Subsequent Developments

Following Fairchild, the Parliament enacted the Compensation Act 2006, which codified the principle established in the case. Section 3 of the Act provides that, in mesothelioma cases, if a defendant is found liable for materially increasing the risk of the disease, they are liable for the whole disease.

Conclusion

Fairchild v Glenhaven Funeral Services Ltd represents a significant departure from traditional principles of causation in tort law. By recognizing the unique challenges posed by diseases like mesothelioma, the House of Lords crafted a rule that balances the interests of claimants and defendants in these complex cases. The case underscores the law's capacity to adapt to new challenges and reflects a broader commitment to fairness and justice in the face of scientific uncertainty.

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