25 February 2016
Henegham (Son and Administrator of the Estate of James Leo Heneghan, Deceased) v Manchester Dry Docks Ltd and others [2016] EWCA Civ 86, [2016] All ER (D) 138 (Feb)
The Court of Appeal, Civil Division, in dismissing the claimant’s appeal, held that it was not possible to infer from the epidemiological evidence that all or any of the defendants had made a material contribution to the deceased’s contracting of lung cancer. All of the defendants had, however, materially contributed to the risk that he would contract lung cancer and, therefore, the judge had been right to have applied the principle in Fairchild v Glenhaven Funeral Services Ltd ([2002] 3 All ER 305).
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