Abstract

http://ssrn.com/abstract=805042
 


 



Judicial Approaches to Contested Causation: Fairchild v. Glenhaven Funeral Services in Context


Chris Miller


University of Salford - School of Environment & Life Sciences


Law, Probability and Risk, Vol. 1, pp. 119-139, December 2002

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.

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Date posted: February 29, 2008  

Suggested Citation

Miller, Chris, Judicial Approaches to Contested Causation: Fairchild v. Glenhaven Funeral Services in Context. Law, Probability and Risk, Vol. 1, pp. 119-139, December 2002 . Available at SSRN: http://ssrn.com/abstract=805042

Contact Information

Chris Miller (Contact Author)
University of Salford - School of Environment & Life Sciences ( email )
M5 4WT Salford
United Kingdom
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