Mesothelioma claimants may regroup and claim that the disease is caused by a cumulative process rather than one asbestos fibre, following the Fairchild defeat in the Court of Appeal yesterday, solicit ...
Mesothelioma claimants may regroup and claim that the disease is caused by a cumulative process rather than one asbestos fibre, following the Fairchild defeat in the Court of Appeal yesterday, solicitors have warned.
The court found that, because Fairchild had been exposed to asbestos in two locations, one occupied by Waddingtons Ltd and one by Leeds City Council, neither could be found liable for his illness.
Halliwell Landau insurance litigation head Chris Phillips, who successfully acted for Waddingtons in the original case, warned that the defences used in the Fairchild case could not be used if claimants argued that mesothelioma was a cumulative disease.
"If such a case is brought, then it is vital that insurers are prepared to meet the same, having exhaustively analysed the prevailing medical evidence and theories since any claim which is met half-heartedly then succeeds on that basis would thoroughly undermine the present position," Phillips said.
