Proportionate liability allowed in exceptional cases-self-employed affected

The landmark case of Barker v Corus has clarified Fairchild v Glenhaven which got insurance and personal injury solicitors excited last year.

 Principally of niche legal importance Fairchild decided that in exceptional cases where science could not show which one of several defendants had caused a mesothelioma injury for instance the claimant could succeed against all or any of them on a joint and several liability basis.  

  Barker v Corus took this one stage further in that where the claimant him/herself had been self-employed for period of exposure s/he would be responsible for him/herself and for any negligence so caused to him/herself.

 The effect of this would be to reduce the other defendants’ potential losses since the House Of Lords held here that proportionate and not joint and several liability was the correct approach.

 This reversed the norm where joint and several liability is held to apply.

 Although limited to the facts it does hold open the prospect of expansion of this concept to perhaps product liability cases and the self-employed are therefore advised to ensure they are suitably insured for any period of exposure of risk when they might be working in “one man” companies for example.

 

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.