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Alternative Causation in Asbestos Cases under Belgian Law

1. [1141] The English and Wales Court of Appeal's decision deals with an individual who died of lung cancer caused by an exposure to asbestos while being employed successively by six different companies. Experts cannot establish which (if any) of the exposures triggered the cell changes in his body which led to the contraction of the disease. For the first time, the Court of Appeal applies the so-called Fairchild exception (Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2003] 1 AC 32) in a lung cancer case. This means that damages are awarded against each employer in proportion to the increase in risk for which each was responsible.