The House of Lords handed down its 111-page written judgment on the Fairchild case today, setting out six conditions that mesothelioma claimants must fulfil in order to be compensated in such cases.
Beachcroft Wansbroughs insurance partner and test case specialist Andrew Parker said the judgment noted that the Lords had to find for the claimants in the Fairchild case "in the interests of justice".
Parker said the Lords set out six conditions or "conclusions from the facts" that, if present in a case, ensured settlement by the insurer.
The insurers would then be left to sort out the apportionment between them.
The conditions set out that the claimant must have been employed at different times and places by two or more employers and that the employers were all negligent in exposing the claimant to asbestos dust.
Another condition is that the claimant must not be able to prove that one employer caused their mesothelioma.
Parker said the written judgment would allow insurers to sort out which cases could be settled quickly under the conditions.
