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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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Fairchild and After

Fairchild and After

Chapter:
(p.63) 8 Fairchild and After
Source:
Judge and Jurist
Author(s):

Lord Hoffmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0008

This chapter reflects on the decision in Fairchild v Glenhaven Funeral Services Ltd. In Fairchild the judges thought it very unfair that an employer should be able to escape any liability for mesothelioma suffered by a worker whom he had negligently exposed to asbestos simply because the worker had also been (negligently or otherwise) exposed to asbestos by someone else. Roman texts and foreign cases were used to support this conclusion along with the decision of the House of Lords in McGhee v National Coal Board.

Keywords:   asbestos, Fairchild, liability, exception, mesothelioma

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