Facts
- The claimant had contracted mesothelioma
Issue
- Could full damages be awarded to one defendant, where that defendant was only 18% to blame for the initial exposure?
Decision
- Yes
Reasoning
- Damages are not to be apportioned in mesothelioma cases according to the Compensation Act 2006, s 3
- As a general rule for non-mesothelioma cases, an independent cause must be at least twice as likely to have caused the damage than any other independent factor
