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Sienkiewicz v Grief [2011]


  • The claimant had contracted mesothelioma


  • Could full damages be awarded to one defendant, where that defendant was only 18% to blame for the initial exposure?


  • Yes


  • 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
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