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Law, Probability and Risk 2002 1(2):119-139; doi:10.1093/lpr/1.2.119
© 2002 by Oxford University Press
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Judicial approaches to contested causation: Fairchild v. Glenhaven Funeral Services in context

Chris Miller1

1 Reader in Environmental Management, School of Environment & Life Sciences, University of Salford, Salford, M6 6PU, UK

The decision of the House of Lords in Fairchild v. Glenhaven Funeral Services raises important questions about the compensation of employees for occupational injury. In Fairchild, the principal issue was whether an employee could recover where he could prove negligently inflicted injury, but, having worked for more than one employer, not the identity of the person who caused the injury. This article considers the issue in the wider context of judicial responses to uncertainty in personal injury litigation. It suggests that Fairchild raises issues which are little different from those in other personal injury cases where judges have been prepared to take a pragmatic approach to causation, in order to allow a deserving plaintiff to recover damages.

Keywords: Personal injury; causation; mesothelioma; fact-finding; loss of chance

Received 26 May 2002. Revised 9 September 2002. Accepted 16 September 2002.


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