On 11 December 2001, the Court of Appeal gave its decision in Fairchild and five other related cases. The consequences of these decisions have been widely reported. Mesothelioma claimants who have been exposed to asbestos dust by more than one defendant are unlikely to succeed in their claims as a result of those decisions. The House of Lords will hear the appeals in two of the related cases, Fox v Spousal (Midland) Limited and Matthews v Associated Portland Cement Manufacturers (1978) Limited, on 22 April 2002.
FFW partner Rodney Nelson-Jones has accepted an invitation to join the legal team representing the appellants. He is concentrating on the public policy and foreign law aspects of the cases in conjunction with Sir Sydney Kentridge QC.
The current position following Fairchild is that claimants suffering from mesothelioma who have been exposed to asbestos dust from more than one source, and particularly if they have been exposed by roughly similar amounts from each source, will not succeed in a claim against any of those defendants. This is because the Court of Appeal found that the claimants in that type of case could not prove, on the balance of probabilities, the source of the fibre or fibres that initiated the development of the tumour and could therefore not identify the “guilty” source. The fact that the defendants had admitted breaches of duty and negligence causing the claimants to be exposed to “substantial quantities” of asbestos dust made no difference.
This decision does not directly apply to asbestosis or other asbestos pleural disease claims.
Update: see Decision of House of Lords
You can discuss your mesothelioma compensation claim with any member of our mesothelioma claims team by calling freephone 0800 358 3848, email firstname.lastname@example.org or complete our short enquiry form.
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
The legacy of asbestos
Asbestos mining and manufacturing companies in Wittenoom, Western Australia have left a lasting legacy of the dangers of asbestos.
Peter Williams reacts to multi-billion dollar judgement against Johnson & Johnson in talc claims
American pharmaceutical giant Johnson & Johnson was last week ordered to pay $4.69 billion to 22 women who have suffered ovarian cancer allegedly as a result of using talcum powder contaminated with asbestos.
Fieldfisher out in support of Action Mesothelioma Day 2018
On Friday 6 July 2018, Fieldfisher's Asbestos Team was out in support of Action Mesothelioma Day.
Cake sale at Guy’s Hospital for Mesothelioma UK
Fieldfisher helped to raise much needed funds for further mesothelioma research and support by selling lots of tasty treats at a cake sale at Guy's Hospital.