Special vs General Damages UK: Your Claims Guide
Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22 stands as one of the most important personal injury decisions the House of Lords has ever delivered. It furthermore actively transformed the legal landscape for asbestos victims across the entire United Kingdom. Before this landmark ruling, thousands of mesothelioma sufferers faced an impossible legal barrier they could not prove which specific employer had caused their fatal disease. The House of Lords consequently stepped in to deliver justice where the ordinary rules of causation would have denied it entirely. At Dawn Solicitors we therefore actively use the principles established in Fairchild v Glenhaven 2002 to fight for every asbestos victim we represent.
Key areas explored in this article
- Fairchild v Glenhaven 2002: What Were the Facts?
- What Did the House of Lords Decide in Fairchild v Glenhaven 2002?
- What Legal Principle Did Fairchild v Glenhaven 2002 Establish?
- How Does Fairchild v Glenhaven 2002 Affect Asbestos Claims Today?
- How Dawn Solicitors Can Assist You.
- Conclusion.
- FAQs.
Fairchild v Glenhaven 2002: What Were the Facts?
The facts of Fairchild v Glenhaven 2002 involved several claimants who had developed mesothelioma after working for multiple employers over the course of their careers. Each employer had furthermore exposed them to asbestos fibres during their employment. Medical science, however, cannot identify which specific exposure event triggers mesothelioma because a single asbestos fibre can cause the disease. The claimants therefore faced an apparently insurmountable legal problem they could not prove on the balance of probabilities which employer’s asbestos caused their illness. Consequently, under the ordinary rules of causation, every employer could escape liability entirely, leaving victims with no compensation whatsoever.
What Did the House of Lords Decide in Fairchild v Glenhaven 2002?
The House of Lords unanimously ruled in favour of the claimants in Fairchild v Glenhaven 2002. Their Lordships furthermore recognised that applying the ordinary “but for” causation test in this context would produce a deeply unjust outcome. They therefore created a special exception now known as the Fairchild exception to the standard rules of causation. Under this exception, a claimant only needs to prove that each defendant materially contributed to the risk of developing mesothelioma. Consequently, every employer who negligently exposed a claimant to asbestos bears liability, regardless of whether their specific fibres caused the disease.
What Legal Principle Did Fairchild v Glenhaven 2002 Establish?
Fairchild v Glenhaven 2002 actively established the material contribution to risk test as a recognised exception to the standard but for causation rule. Therefore, where medical science cannot identify the precise cause of a disease, courts can nonetheless hold multiple defendants liable. Furthermore, this principle applies specifically where all defendants owed the claimant a duty of care and all breached that duty in the same way. Additionally, the Compensation Act 2006 subsequently gave this principle statutory force confirming that each negligent employer bears joint and several liability for the full loss. Consequently, a mesothelioma victim can now claim the full compensation from any one of their former employers regardless of how many others also contributed to the risk.
How Does Fairchild v Glenhaven 2002 Affect Asbestos Claims Today?
The principles of Fairchild v Glenhaven 2002 continue to actively shape asbestos and mesothelioma claims across the UK every day. Therefore, victims who worked for multiple employers across different industries can still pursue full compensation even where precise causation is impossible to establish. Furthermore, the Employers Liability Tracing Office actively helps claimants identify former employers’ insurers even where those companies no longer exist. Additionally, the Diffuse Mesothelioma Payment Scheme furthermore provides compensation for victims where no liable insurer can be identified at all. Consequently, no mesothelioma victim should ever assume their claim cannot succeed simply because they worked for multiple employers during their career.
How Dawn Solicitors Can Assist You in Special vs General Damages UK Claim?
Conclusion
Fairchild v Glenhaven 2002 delivered justice where the ordinary law would have denied it and therefore its legacy continues to protect asbestos victims across the UK today. If you or a loved one has received a mesothelioma or asbestos-related diagnosis, furthermore, you have powerful legal rights regardless of how many employers exposed you. Dawn Solicitors additionally fights for every asbestos victim with the expertise, determination, and compassion every family deserves. So contact our friendly team today for a confidential consultation and take the first step towards the justice and compensation you deserve.
FAQ's
Q1.Does Fairchild v Glenhaven 2002 apply if only one employer exposed me to asbestos?
The Fairchild exception applies specifically to multiple employer scenarios. Single employer asbestos claims, however, remain fully viable under standard negligence principles. Dawn Solicitors therefore assesses every asbestos claim individually identifying the strongest available legal route for each client.
Q2. Can my family use Fairchild v Glenhaven 2002 principles after a loved one has passed away from mesothelioma?
Yes, the same principles actively apply to claims brought by bereaved families under the Fatal Accidents Act 1976. Families therefore have three years from the date of death to pursue a claim. Dawn Solicitors handles these deeply sensitive cases consequently with the utmost care, compassion, and expertise.
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