- Cited — Michael Holmes v Poeton Holdings Limited 2023-11-22
“… Holmes was disclaiming was any case based upon the principles established by Fairchild v Glenhaven Funeral Services Ltd [2003]1 AC 32and Barker v Corus UK Ltd [2006] 2 AC 572.…”
- Cited — Michael Holmes v Poeton Holdings Limited 2023-11-22
“…pecial principle of causation. It subsequently came to be interpreted as an application “avant la lettre” of the Fairchild exception: see Barker v Corus UK Ltd [2006] 2 AC 572 at [13] per Lord Hoffmann. Since no reliance is placed by Mr Holmes on the Fairchild exception, I will refer to it relatively briefly as another marker post on…”
- Cited — Aviva Insurance Limited v The Secretary of State for Work and Pensions 2022-01-14
“… employers because they had materially contributed to the risk of contracting the disease. The principle was refined in Barker v Corus (UK) plc [2006] UKHL 20; [2006] 2 AC 572 where the claimant’s husband had died from mesothelioma after having been negligently exposed to asbestos by the defendant, but had also been exposed to asbest…”
- Cited — Equitas Insurance Ltd v Municipal Mutual Insurance Ltd 2019-04-17
“…ch of two or more employers would be liable, it did not decide for what damages they would be liable. That was decided by Barker v Corus UK Ltd [2006] UKHL 20, [2006] 2 AC 572, in which the House of Lords held that the liability of each employer was several and should be calculated according to each defendant’s relative degree of con…”
- Cited — Equitas Insurance Ltd v Municipal Mutual Insurance Ltd 2019-04-17
“… is the employer’s liability, not the indivisible harm of the mesothelioma itself. The chances of contracting mesothelioma, as Lord Hoffmann observed in Barker [2006] 2 AC 572, para 35, are infinitely divisible, even if mesothelioma itself is not.”…”