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Negligence – Causation. During the course of his working life, the deceased was exposed to asbestos. He died of lung cancer and claims were brought against six defendants. The parties agreed that the deceased's exposure to asbestos over the course of his working life could be quantified and that the total exposed 'share' of the defendants was 35.2%. The issue was whether each defendant was liable in damages in full or for only a portion of the damages. The Queen's Bench Division, in ordering apportionment, rejected the claimant's submission that the common law had recognised an intermediate category of case which fell between the conventional approach and the principle in Fairchild v Glenhaven Funeral Services Ltd ([2002] 3 All ER 305).
Negligence – Causation. During the course of his working life, the deceased was exposed to asbestos. He died of lung cancer and claims were brought against six defendants. The parties agreed that the deceased's exposure to asbestos over the course of his working life could be quantified and that the total exposed 'share' of the defendants was 35.2%. The issue was whether each defendant was liable in damages in full or for only a portion of the damages. The Queen's Bench Division, in ordering apportionment, rejected the claimant's submission that the common law had recognised an intermediate category of case which fell between the conventional approach and the principle in Fairchild v Glenhaven Funeral Services Ltd ([2002] 3 All ER 305).
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