Barker v Corus UK Ltd

Under the Fairchild exception, a defendant's liability is limited to a share of the damages proportionate to its contribution to the risk, a rule reversed for mesothelioma by statute.

Citation
[2006] UKHL 20, [2006] 2 AC 572
Court
House of Lords
Year
2006
Subject
Tort Law
Topic
Causation

Facts

Mr Barker developed mesothelioma after being exposed to asbestos during three periods: while working for a company that later became insolvent, while working for Corus's predecessor, and while self employed, when he had not taken adequate precautions himself. The question was whether Corus was liable for the whole of his loss, under Fairchild, or only for a share.

Legal principle

The House of Lords held that, under the Fairchild exception, a defendant is liable only for the proportion of the damage that reflects its contribution to the risk, because liability is based on the creation of a material risk rather than on causing the disease. Lord Hoffmann said that it would be unfair to make a defendant liable for the whole damage when it may not have caused the disease at all. The exception also applied where one of the exposures was by the claimant himself or was not negligent. Parliament reversed the decision for mesothelioma in section 3 of the Compensation Act 2006, which makes each responsible person liable for the whole damage, jointly and severally.

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