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Judicial approaches to contested causation: Fairchild v Glenhaven Funeral Services in context

Miller, CE 2002, 'Judicial approaches to contested causation: Fairchild v Glenhaven Funeral Services in context' , Law, Probability and Risk, 1 (2) , pp. 119-139.

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Abstract

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.

Item Type: Article
Themes: Subjects / Themes > K Law > K Law (General)
Subjects / Themes > K Law > K Law (General) > K3840 Regulation of industry, trade, and commerce. Occupational law
Subjects outside of the University Themes
Schools: Colleges and Schools > College of Science & Technology
Colleges and Schools > College of Science & Technology
Colleges and Schools > College of Science & Technology > School of Environment and Life Sciences
Journal or Publication Title: Law, Probability and Risk
Publisher: Oxford University Press
Refereed: Yes
ISSN: 1470-840X
Depositing User: H Kenna
Date Deposited: 13 Jan 2009 13:35
Last Modified: 20 Aug 2013 16:52
URI: http://usir.salford.ac.uk/id/eprint/1063

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