Causation in asbestos cases

Neill Murdoch QC, Wednesday 11 October 2017

The connection between exposure to asbestos dust and fibres and the development of
certain cancers, in particular mesothelioma, has been known for decades. What has not
been understood, and which remains obscure, is the precise mechanism by which such
diseases develop. This has given rise to particular problems in establishing factual and legal
causation in asbestos cases. Differing solutions to those problems have been found in
Australia and in the United Kingdom: in Australia by the development of medical science
and in the UK by the creation of a special legal rule of causation.