Mesothelioma case in Court of Appeal - liability findings against Defendants are now "more likely".

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The decision can only be welcomed for individuals finding themselves suffering from Mesothelioma.  The difficulty is that the medical community still does not know a great deal about the manner in which Mesothelioma develops and currently the only known cause is that of exposure to asbestos.

The Court makes it clear in its decision that therefore technical arguments as to whether exposure has "doubled the risk" does not sit comfortably with Mesothelioma claims.   It is therefore now more likely that if an individual can show that they were exposed to asbestos and that this increased their risk of developing Mesothelioma that a Court is likely to find the Defendant was at fault.

Ruth Johnson is a Solicitor in the Personal Injury team.

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