“…ee the principle stated by Lord Mansfield in Blatch v Archer (1775) 1 Cowp 63, 65, cited with approval by Lord Bingham in Fairchild v Glenhaven [2002] UKHL 22, [2003] 1 AC 32, §13.”…”
“…s-related diseases”. The insurers contend in particular that the effect of the decision of the House of Lords in Fairchild v Glenhaven Funeral Services Limited [2003] 1 AC 32, and other developments in relation to employers’ liability for long-tail diseases has meant that their obligations under the 1997 Act infringe A1P1 of the ECH…”
“…which of two or more employers was responsible for the exposure which caused the claimant’s disease: Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2003] 1 AC 32. This decision together with the subsequent intervention of Parliament in the Compensation Act 2006 gave rise to what has become known as “the Fairchild enclav…”
“…In my view, the principles recognised and applied in Fairchild [2003] 1 AC 32 and ‘Trigger’ [2012] 1 WLR 867 do require a broad equitable approach to be taken to contribution, to meet the unique anomalies to which they give rise. … If a …”