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Stop press: mesothelioma claimants with low exposure to asbestos succeedThe Supreme Court rules in favour of mesothelioma claimants – 9th March 2011 in the cases of:Sienkiewicz -v- Greif; Willmore -v- Knowsley 2011 UKSC10. The Supreme Court has ruled in favour of mesothelioma claimants who suffered low levels of asbestos exposure. Now
in order to succeed on the issue of causation a mesothelioma claimant
only needs to establish, on the balance of probabilities, that his or
her exposure to asbestos dust was more than minimal and, if so, it will
satisfy the Fairchild Test that such exposure “made a material
contribution to the risk” that the claimant would develop mesothelioma. The
defendants who had exposed the claimants to asbestos dust advanced
arguments in their appeal that claimants could only succeed if the
level of asbestos exposure was double the background or ambient levels
of exposure and that the claimant still had to prove that “but for”
such exposure the claimants would not have gone on to develop
mesothelioma. The Supreme Court rejected these arguments and held that: 1.
The exposure to asbestos dust need only make a material contribution to
the risk of developing mesothelioma even where there is only one
negligent employer.
2.
The material contribution test set out in section 3 of the Compensation
Act 2006 applies to all mesothelioma claims, not only to cases where
there are multiple negligent employers. The
result of this case will be that more claimants are likely to succeed
in their claims event though the asbestos exposure would be regarded as
slight or low providing that such exposure made a material contribution
to the risk that mesothelioma would develop.
Peter Montgomery 09.03.2011
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
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interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
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clear courses of action whatever the technical or legal
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