So, too, if the exposure to the strippers was in Week 1 and the exposure to the laggers in Week 2, and so on. He regarded the identification of the cause of an event to be essentially a practical question of fact which could best be answered by ordinary common sense. When Wilsher reached the House of Lords ([1988] 1 AC 1074), Lord Bridge made the only speech.
The material contribution test was fully explored in Fairchild v Glenhaven Funeral Services [2002] UKHL 22, [2002] 3 All ER 305. The judge conducted a review of the public warnings given from time to time during the last century about the risks of asbestos dust, and concluded that by the end of 1958 Leeds should have obtained the published material about asbestos and ensured that its responsible officers were familiar with its contents.
He overlooked the fact that he had also received submissions from the claimant founded on allegations of negligence at common law, and at the end of his judgment he overlooked the claim against Waddingtons as occupiers and concerned himself only with a claim against Leeds City Council ( Leeds ) under the 1957 Act. This outcome was advocated by a number of academics.[4].
It was noteworthy, he said, that when junior counsel pleaded the Fairchild case and opened it to the judge, his client's case was presented on the basis that he could not prove whether it was a fibre or fibres inhaled at any particular place of employment which caused either the initial mutation of the cell or any of the subsequent genetic defects which led to its transformation into a malignant cell. Neither of the medical experts was willing to say that washing after work would have made it more probable than not that Mr McGhee would have escaped dermatitis, and his own expert implied that in the present state of medical knowledge no doctor could make such an assertion in any circumstances. They knew that it was a matter of chance which defendant might survive in a form worth suing so long after the event.
To attempt to extend what Lord Reid said to the present situation would also offend against the principle established in Hotson v East Berkshire Area Health Authority [1987] AC 750. While it was possible to say "it was one of them" it was impossible to say which. Lord Bridge ended his speech by referring to the shortcomings of a system in which the victim of some grievous misfortune would recover substantial compensation or none at all according to the unpredictable hazards of the forensic process. He considered that the decision of the majority in McGhee was underpinned by a process of inferential reasoning along the following lines.
71. He repeated that the law required proof of fault causing damage as the basis of liability in tort, and concluded by saying that the House of Lords would do society nothing but disservice if it made the forensic process still more unpredictable and hazardous by distorting the law to accommodate the exigencies of what might seem hard cases.
He suggested, quoting an expression Mustill J used in the Thompson case, that the guilty fibres should be treated as two or more causes which were concurrent in effect, if not necessarily in time.
Curtis J dealt with the occupiers liability side of the Fairchild case quite briefly. We return to this topic at paragraph 69 below. In this country 50 or 60 people suffer mesothelioma each year where there has been no history of identifiable exposure to asbestos dust, in contrast to 1,500 where there is such a history. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters.
Mr Ferguson sustained serious injuries when part of the building collapsed.
In that type of case he said that a failure to take steps to bring about a material reduction of the risk involved a substantial contribution to the injury.
The judge said that he was dealing with a situation where everyone with managerial responsibilities on the site would have known perfectly well that there was going to be a great deal of asbestos dust or fibre in the atmosphere and would have known at least of the risk of respiratory disease. He, too, thought (at p 5H) that the medical evidence showed that Mr McGhee's dermatitis resulted from a combination, or accumulation, of two causes. He was sometimes engaged in work which included making large industrial packing cases for ovens lined with asbestos. Lord Kilbrandon also appears to have approached the medical evidence on the basis that the potential causes of the disease, non-tortious and tortious, were cumulative in effect. Dr Rudd went on to say that in the Fairchild case it would have been in accordance with the evidence and with the medical approach to causation of disease to reach the conclusion that both sources of exposure (Meanwood Baths and Waddingtons) contributed to the disease.
Fairchild v Glenhaven Funeral Services Ltd & Ors (2002) 67 BMLR 90 [2002] Lloyd's Rep Med 361 [2003] AC 32 [2002] Lloyds Rep Med 361 [2002] 3 WLR 89 [2002] UKHL 22 [2002] 3 All ER 305 [2002] PIQR P28 [2002] ICR 798 [2003] 1 AC 32
The judge quoted extensively from the speeches in the House of Lords in Ferguson v Welsh, and accepted that at the material time Leeds did not have actual knowledge that the system of work being employed by Lindleys was unsafe. Lord Bingham, in particular, noted that in this case it was not possible to speak of "probabilities" in a simple way, because, "It is on this rock of uncertainty, reflecting the point to which medical science has so far advanced, that the three claims were rejected by the Court of Appeal and by two of the three trial judges. Oxbridge Notes in-house law team. The master held that there had been an offer to submit to an award pursuant to RSC O37 R9(3), that Mr Hurditch was entitled to an award in the sum agreed, and that the summons should be transferred to a judge for trial of the outstanding medical issues. Do you have a 2:1 degree or higher?
In Fairchild, Mr Fairchild, employed by G H Dovener & Son, worked at the Meanwood Baths, of which the same council were the occupiers, in 1962. We interpret his finding as meaning that in their capacity as employers Leeds owed a relevant duty of care to their staff from 1958 onwards.
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