CE Miller
Judicial approaches to contested causation: Fairchild v Glenhaven Funeral Services in context
Miller, CE
Authors
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.
Citation
Miller, C. (2002). Judicial approaches to contested causation: Fairchild v Glenhaven Funeral Services in context. Law, Probability and Risk, 1(2), 119-139. https://doi.org/10.1093/lpr/1.2.119
Journal Article Type | Article |
---|---|
Publication Date | Dec 1, 2002 |
Deposit Date | Jan 13, 2009 |
Journal | Law, Probability and Risk |
Print ISSN | 1470-8396 |
Publisher | Oxford University Press |
Peer Reviewed | Peer Reviewed |
Volume | 1 |
Issue | 2 |
Pages | 119-139 |
DOI | https://doi.org/10.1093/lpr/1.2.119 |
Publisher URL | http://ssrn.com/abstract=805042 |
Downloadable Citations
About USIR
Administrator e-mail: library-research@salford.ac.uk
This application uses the following open-source libraries:
SheetJS Community Edition
Apache License Version 2.0 (http://www.apache.org/licenses/)
PDF.js
Apache License Version 2.0 (http://www.apache.org/licenses/)
Font Awesome
SIL OFL 1.1 (http://scripts.sil.org/OFL)
MIT License (http://opensource.org/licenses/mit-license.html)
CC BY 3.0 ( http://creativecommons.org/licenses/by/3.0/)
Powered by Worktribe © 2024
Advanced Search