. The boy was later found to suffer brittle . [1957] 1 WLR 613, [1957] 1 All ER 776Cited – Gardiner v Motherwell Machinery and Scrap Co Ltd HL 1961 The pursuer had worked for the defenders for three months, demolishing buildings, and had contracted dermatitis. [2005] UKHL 2, Times 28-Jan-05, [2005] 2 AC 176, [2005] 2 WLR 268Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. [2016] UKSC 38, [2016] Lloyd’s Rep IR 591, [2016] ICR 862, [2016] 3 WLR 294, [2016] PIQR P15, 2016 SLT 887, [2016] WLR(D) 376, 2016 GWD 21-380, [2016] AC 1513, 2016 SCLR 434, [2016] 2 BCLC 287, UKSC 2015/0061Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016 Parties had been involved in an action for wrongful trading. Facts. v. Glenhaven Funeral Services Ltd and others etc. The claimant suggested the treatment should have been by a more senior doctor. Acknowledgement of the increased material risk of harm test as an exception to the but for test. Before making any decision, you must read the full case report and take professional advice as appropriate. Fairchild v Glenhaven 3 WLR 89 House of Lords This was a conjoined appeal involving three claimants who contracted mesothelioma, a form of lung cancer contracted by exposure to asbestos. . The . [2004] EWCA Civ 215, Times 24-Mar-04, Gazette 01-Apr-04Cited – Donachie v The Chief Constable of the Greater Manchester Police CA 7-Apr-2004 The claimant had been asked to work under cover. . swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. [2004] EWCA Civ 405Cited – Chester v Afshar HL 14-Oct-2004 The claimant suffered back pain for which she required neurosurgery. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. Facts. [1973] 1 WLR 1, [1973] SC (HL) 37, [1972] 3 All ER 1008, [1972] UKHL 7, [1972] UKHL 11Approved – Wilsher v Essex Area Health Authority HL 24-Jul-1986 A premature baby suffered injury after mistaken treatment by a hospital doctor. [2003] EWCA Civ 1790Cited – Coudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited) CA 27-Feb-2004 The respondent had lost its investment in a Russian development, and the appellants challenged a finding that they had been negligent in their advice with regard to the offer documents. Explore the site for more case summaries, law lecture notes and quizzes. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk, Goodwin v The United Kingdom: ECHR 11 Jul 2002. Share & Embed The Fairchild case set up an exception to the . . Times 21-May-02, [2002] 2 WLR 1353, [2002] 2 AC 883, [2002] UKHL 19Cited – Rahman v Arearose Limited and Another, University College London, NHS Trust CA 15-Jun-2000 The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. . . . . The claimant sought damages for the reduction in his prospects of disease-free survival for . . This appeal raised the question whether the tort of malicious . . He contracted pneumoconiosis and died. The defendant appealed on liability saying that there was insufficient evidence of causation since there was little to . A summary of the House of Lords decision in Fairchild v Glenhaven Funeral Services. Although the employees in Fairchild were accepted to have been the victims of a complete tort on the balance of probability (i.e. This case document summarizes the facts and decision in Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32. . [2008] EWCA Civ 1117Cited – Sanderson v Hull CA 5-Nov-2008 Insufficient proof of cause of infection The claimant worked as a turkey plucker. [2008] EWHC 2692 (QB), [2009] 2 All ER 26, [2009] 1 All ER (Comm) 805, [2009] Lloyd’s Rep IR 295Cited – Employers’ Liability Insurance ‘Trigger’ Litigation, Re CA 8-Oct-2010 Companies restored to the register, and the personal representatives of former employees, appealed against rejection of their claims from the insurers of the former companies for damages from mesothelioma following exposure to asbestos during . McGhee v National Coal Board [1973] 1 WLR 1. Three separate claimants contracted lung cancer (malignant mesothelioma) as a result of their exposure to asbestos during their various courses of employment with varying employers. The insurers now appealed . The House of Lords approved the test of "materially increasing risk" of harm, as a deviation in some circumstances from the ordinary "balance of probabilities" test under the "but for" standard. Held: It had . Assessing causation and damages where there is sizable uncertainty as to the causal link. Fairchild v Glenhaven Funeral Services has carried that process of relaxation to its furthest point yet, in a decision of far-reaching importance.2 The case concerned claimants who had contracted mesothelioma (a lung tumour) through exposure to asbestos, over a lifetime of work for different employers. The chief constable now . Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. [2016] UKSC 43, UKSC 2015/0154, [2016] 3 WLR 477, [2016] WLR(D) 401, These lists may be incomplete.Leading Case Updated: 11 December 2020; Ref: scu.174011 br>. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke. [2006] 1 WLR 917, [2006] EWCA Civ 1, Times 24-Jan-06Cited – Barker v Corus (UK) Plc HL 3-May-2006 The claimants sought damages after contracting meselothemia working for the defendants. . Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. In the generality of personal injury actions, it is of course true that the claimant is required to discharge the burden of showing that the breach of which he complains caused the damage for which claims and to do so by showing that but for the breach he would not have suffered the damage.’Lord Nicholls of Birkenhead spoke of new departures in the law: ‘To be acceptable the law must be coherent. Fairchild v Glenhaven Funeral Services Ltd & Ors 1. . The Court emphasised that the relaxation of normal principles of proof in relation to mesothelioma claims, laid down by the House of Lords in the Fairchild case (Fairchild v Glenhaven … [2010] EWCA Civ 1096, [2011] PIQR P2, [2011] 1 All ER 605, [2011] Lloyd’s Rep IR 1Cited – Zurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015 A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. In neither case had the court ordered or recommended ADR. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. In the Fairchild case itself, Mr Fairchild had worked for two employers who had negligently exposed him to asbestos. . Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. [2006] UKHL 20, Times 04-May-06, [2006] 2 WLR 1027, [2006] 2 AC 572Cited – Brett v University of Reading CA 14-Feb-2007 The deceased’s personal representative sought damages after the death from mesothelioma after working for the defendant for many years. 1, pp. We do not provide advice. one or more defendants had wrongfully caused the employee’s mesothelioma) and so all the potential causes of the employee’s mesothelioma were We do not provide advice. . (back to preceding text) 16. Keywords: compensation for mesothelioma; more than one employer. [1970] AC 467, [1969] 3 All ER 1528, [1969] UKHL 8Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998 A diesel tank was in a yard which drained into a river. The complaints related to the defender’s failure to provide adequate ventilation to extract the dust. Barker v Corus UK [2006] UKHL 20. [2008] EWCA Civ 1211, [2009] PIQR P7, [2009] CP Rep 12Cited – Wootton v J Docter Ltd and Another CA 19-Dec-2008 The claimant sought damages saying that the contraceptive pill dispensed by the defendant was not the one prescribed by her doctor, and that she had become pregnant and suffered the losses claimed namely care, expenses and loss of earnings flowing . The House of Lords here decided that in a case where employees had contracted mesothelioma due to asbestos exposure throughout the course of their employment, but where science could not determine which of those employers was the sole cause of … Held: (Smith LJ dissenting) The . Mesothelioma can be caused by a single fibre of asbestos. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran. The disease arose after a single cell was affected. Fairchild v Glenhaven Funeral Services [2002] UKHL 22. Judicial Approaches to Contested Causation: Fairchild V. Glenhaven Funeral Services in Context Law, Probability and Risk, Vol. The claimants appealed dismissal of their claim. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . They sought damages from the designers for negligence. The overall object of tort law was to define cases in which the law might justly hold one party liable to compensate another. Download Citation | REINTERPRETING the REINTERPRETATION of the REINTERPRETATION of FAIRCHILD | FAIRCHILD v Glenhaven Funeral Services Ltd. … . At the time he was naked. The House of Lords approved the test of "materially increasing risk" of harm, as a deviation in some circumstances from the ordinary "balance of probabilities" test under the "but for" standard. Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002 The claimants suffered mesothelioma after contact with asbestos while at work. had introduced the Special Rule . She caught an infection (campylobacter enteritis) at work, and the employer now appealed against a finding of liability. The claimant said that that . The defendant Trust had refused to take the dispute to a mediation. [2009] EWHC 1831 (QB)Cited – Sutton v Syston Rugby Football Club Ltd CA 20-Oct-2011 Rugby Field Inspection Adequate not detailed The claimant was injured training for rugby. This site uses cookies to improve your experience. . They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . . . The appellants now appealed the finding that they were responsible saying that other factors contributed to the injury, and in particular that he had fallen at home. Held: As to the basis of calculation of damages as to a . Fairchild v Glenhaven Funeral Services Ltd . [2006] EWCA Civ 27, [2006] ICR 1458, Times 31-Jan-06, [2006] 4 All ER 1161, (2006) 90 BMLR 88Cited – AD and OH (A Child) v Bury Metropolitan Borough Council CA 17-Jan-2006 The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. Fairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci: CA 11 Dec 2001. . Section 2(2) of the 1957 Act related to ‘occupancy’, not ‘activity’ liability. One of those companies had since dissolved, leaving Glenhaven as the only employer to bring a claim against. The court drew a clear distinction between the occupancy duties and the activity duties of an occupier. It concerned malignant mesothelioma, a deadly disease caused by breathing asbestos fibres. Both employers breached their duty of care for him by exposing him to asbestos, but it cannot be determined which breach actually led to the poisoning, or if they both did. To satisfy causation, a claimant need only prove that the negligent behaviour most likely made a material contribution to the injury. Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22 Practical Law Case Page D-009-7173 (Approx. He said that the defendants were negligent in not having inspected the pitch before training. In Fairchild v Glenhaven Funeral Services [2002] UKHL 22 three appeals concerning exposure to asbestos were joined. Three psychiatrists agreed that the aetiology of the claimant’s very severe . Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL (House of Lords, Times 21-Jun-02, Bailii, [2002] UKHL 22, [2003] 1 AC 32, [2002] Lloyds Rep Med 361, [2002] 3 All ER 305, [2002] PIQR P28, (2002) 67 BMLR 90, [2002] 3 WLR 89, [2002] ICR 798) The claimants suffered mesothelioma after contact with asbestos while at work. When a decision departs from principles normally applied, the basis for doing so must be rational and justifiable if the decision is to avoid the reproach that hard cases make bad law.’ Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hutton and Lord Rodger of Earlsferry Times 21-Jun-2002, [2002] UKHL 22, [2003] 1 AC 32, [2002] Lloyds Rep Med 361, [2002] 3 All ER 305, [2002] PIQR P28, (2002) 67 BMLR 90, [2002] 3 WLR 89, [2002] ICR 798 House of Lords, Bailii England and Wales Citing: Cited – McGhee v National Coal Board HL 1973 The claimant who was used to emptying pipe kilns at a brickworks was sent to empty brick kilns where the working conditions were much hotter and dustier. The defendant had a clear view of the plaintiff prior to the collision, but was . He claimed that they had not provided him with adequate washing facilities and that failure caused the dermatitis. . Held: The appeal failed. Held: It is for a claimant to prove that a defendant’s breach of duty caused the loss for which he claims. The plaintiff had negligently failed to see the defendant’s car approaching. The basis on which one case, or one type of case, is distinguished from another should be transparent and capable of identification. . Legal updates on this case; References: [2002] ICR 412, [2002] IRLR 129, [2002] PIQR P27, Times 13-Dec-2001, [2001] EWCA Civ 1881, [2002] 1 WLR 1052 Links: Bailii Coram: Lord Justice Brooke, Lord Justice Latham, And, Lord Justice Kay Ratio: Where a claimant suffered mesothelioma, contracted whilst working with asbestos, but the disease may have been contracted from inhalation at different times, and with different employers, his claim must fail since it was not possible to identify which employer was in fact responsible so as to allow the court to apportion liability. The . . The police officer had been acquitted by a criminal court of murder. She went ahead with the surgery, and suffered that complication. The document also included … The Court of Appeal had applied the conventional test of whether it could be shown that the condition would not have been suffered but for the employment. Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22 is a leading case on causation in English tort law.It concerned malignant mesothelioma, a deadly disease caused by breathing asbestos fibres. Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL (House of Lords, Times 21-Jun-02, Bailii, [2002] UKHL 22, [2003] 1 AC 32, [2002] Lloyds Rep Med 361, [2002] 3 All ER 305, [2002] PIQR P28, (2002) 67 BMLR 90, [2002] 3 WLR 89, [2002] ICR 798) The claimants suffered mesothelioma after contact with asbestos while at work. References: [2002] ICR 412, [2002] IRLR 129, [2002] ... swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Judgement for the case Fairchild v Glenhaven Funeral Services Ltd Ps had been exposed to asbestos by different employers over different times and they caught a disease from it. .Times 24-Apr-08, [2008] UKHL 25, [2008] 2 WLR 975, [2008] 3 All ER 573, [2008] AC 962Cited – Environment Agency v Ellis CA 17-Oct-2008 ea_ellis The claimant was injured working for the appellants. The situation as it stood created substantial injustice. Case Information. The law should not be distorted to assist in a hard case. Gazette 26-Feb-98, Times 09-Feb-98, Gazette 25-Mar-98, [1998] 2 WLR 350, [1998] UKHL 5, [1999] 2 AC 22, [1998] 1 All ER 481Cited – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002 After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Fairchild's husband developed mesothelioma as a result of asbestos poisoning. This case was an appeal from the earlier decision in Barker v Saint Gobain Pipelines Plc [2004] EWCA Civ 545, regarding the deceased claimant who had contracted lung cancer (malignant mesothelioma) due to exposure from asbestos. . On appeal the . [2008] EWCA Civ 1361Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004 The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. No claim . Fairchild v.glenhaven Funeral Services Ltd. of 9. The 1957 Act was concerned only to replace the old common law rules relating to the occupancy duties of an occupier. . The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. In this case, the House of Lords reconsidered its ruling in the earlier landmark case Fairchild v Glenhaven Funeral Services … The . Statute reference: This case concerns common law. The claimant, McGhee, contracted a skin condition (dermatitis) in the course of his … 4 Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32. Held: There was a direct . The doctor failed to diagnose cancer. . Only full case reports are accepted in court. His knee was hurt by a sharp object left behind by previous users, but almost hidden. Barker v Corus (UK) plc Notable House of Lords decision in the area of industrial liability in English tort law, which deals with the area of causation. Before making any decision, you must read the full case report and take professional advice as appropriate. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002 The claimants suffered mesothelioma after contact with asbestos while at work. decision in Fairchild v Glenhaven Services Ltd [2002] UKHL 22; [2003] 1 A.C. 32 (noted (2004) 120 L.Q.R. Fairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci, Empress Car Company (Abertillery) Ltd v National Rivers Authority, Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5), Rahman v Arearose Limited and Another, University College London, NHS Trust, Nicholson v Atlas Steel Foundry and Engineering Co Ltd, Gardiner v Motherwell Machinery and Scrap Co Ltd, Six Continents Retail Ltd v Carford Catering Ltd, R Bristoll Ltd, Coudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited), Donachie v The Chief Constable of the Greater Manchester Police, Rothwell v Chemical and Insulating Co Ltd and Another, AD and OH (A Child) v Bury Metropolitan Borough Council, Rolls Royce Industrial Power (India) Ltd v Cox, Ashley and Another v Chief Constable of Sussex Police, Halsey v Milton Keynes General NHS Trust etc, Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore, Willmore v Knowsley Metropolitan Borough Council, AXA General Insurance Ltd and Others v Lord Advocate and Others, Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others, Employers’ Liability Policy ‘Trigger’ Litigation; Durham v BAI (Run off) Ltd etc, Employers’ Liability Insurance ‘Trigger’ Litigation, Re, Zurich Insurance Plc UK Branch v International Energy Group Ltd, Willers v Joyce and Another (Re: Gubay (Deceased) No 1), Knud Wendelboe and Others v LJ Music Aps, In Liquidation: ECJ 7 Feb 1985, Morina v Parliament (Rec 1983,P 4051) (Judgment): ECJ 1 Dec 1983, Angelidis v Commission (Judgment): ECJ 12 Jul 1984, Bahr v Commission (Rec 1984,P 2155) (Judgment): ECJ 17 May 1984, Metalgoi v Commission (Rec 1984,P 1271) (Judgment): ECJ 1 Mar 1984, Eisen Und Metall Aktiengesellschaft v Commission: ECJ 16 May 1984, Bertoli v Commission (Rec 1984,P 1649) (Judgment): ECJ 28 Mar 1984, Abrias v Commission (Rec 1985,P 1995) (Judgment): ECJ 3 Jul 1985, Alfer v Commission (Rec 1984,P 799) (Judgment): ECJ 14 Feb 1984, Iro v Commission (Rec 1984,P 1409) (Judgment): ECJ 15 Mar 1984, Alvarez v Parliament (Rec 1984,P 1847) (Judgment): ECJ 5 Apr 1984, Favre v Commission (Rec 1984,P 2269) (Judgment): ECJ 30 May 1984, Michael v Commission (Rec 1983,P 4023) (Judgment): ECJ 1 Dec 1983, Cohen v Commission (Rec 1983,P 3829) (Judgment): ECJ 24 Nov 1983, Albertini and Others v Commission (Rec 1984,P 2123) (Judgment): ECJ 17 May 1984, Aschermann v Commission (Rec 1984,P 2253) (Judgment): ECJ 30 May 1984, Commission v Germany (Rec 1984,P 777) (Judgment): ECJ 14 Feb 1984, Commission v Belgium (Rec 1984,P 1861) (Judgment): ECJ 10 Apr 1984, Commission v Italy (Rec 1983,P 3689) (Judgment): ECJ 15 Nov 1983, Leeuwarder Papierwarenfabriek Bv v Commission (Order): ECJ 26 Nov 1985, Boel v Commission (Rec 1983,P 2041) (Judgment): ECJ 22 Jun 1983, Kohler v Court Of Auditors (Rec 1984,P 641) (Judgment): ECJ 9 Feb 1984, Commission v Belgium (Rec 1984,P 1543) (Judgment): ECJ 20 Mar 1984, Steinfort v Commission (Rec 1983,P 3141) (Judgment): ECJ 20 Oct 1983, De Compte v Parliament (Rec 1982,P 4001) (Order): ECJ 22 Nov 1982, Trefois v Court Of Justice (Rec 1983,P 3751) (Judgment): ECJ 17 Nov 1983, Graziana Luisi and Giuseppe Carbone v Ministero del Tesoro: ECJ 31 Jan 1984, Busseni v Commission (Rec 1984,P 557) (Judgment): ECJ 9 Feb 1984, Schoellershammer v Commission (Rec 1983,P 4219) (Judgment): ECJ 15 Dec 1983, Unifrex v Council and Commission (Rec 1984,P 1969) (Judgment): ECJ 12 Apr 1984, Commission v Italy (Rec 1983,P 3075) (Judgment): ECJ 11 Oct 1983, Estel v Commission (Rec 1984,P 1195) (Judgment): ECJ 29 Feb 1984, Developpement Sa and Clemessy v Commission (Rec 1986,P 1907) (Sv86-637 Fi86-637) (Judgment): ECJ 24 Jun 1986, Turner v Commission (Rec 1984,P 1) (Judgment): ECJ 12 Jan 1984, Usinor v Commission (Rec 1983,P 3105) (Judgment): ECJ 19 Oct 1983, Timex v Council and Commission: ECJ 20 Mar 1985, Klockner-Werke v Commission (Rec 1983,P 4143) (Judgment): ECJ 14 Dec 1983, Nso v Commission (Rec 1985,P 3801) (Judgment): ECJ 10 Dec 1985, Allied Corporation and Others v Commission (Rec 1984,P 1005) (Sv84-519 Fi84-519) (Judgment): ECJ 21 Feb 1984, Brautigam v Council (Rec 1985,P 2401) (Judgment): ECJ 11 Jul 1985, Ferriere San Carlo v Commission: ECJ 30 Nov 1983, Ferriere Di Roe Volciano v Commission: ECJ 15 Mar 1983, K v Germany and Parliament (Rec 1982,P 3637) (Order): ECJ 21 Oct 1982, Spijker v Commission (Rec 1983,P 2559) (Judgment): ECJ 14 Jul 1983, Johanning v Commission (Rec 1983,P 2253) (Judgment): ECJ 6 Jul 1983, Ford Ag v Commission (Rec 1982,P 2849) (Order): ECJ 6 Sep 1982, Ford v Commission (Rec 1984,P 1129) (Judgment): ECJ 28 Feb 1984, Verzyck v Commission (Rec 1983,P 1991) (Judgment): ECJ 9 Jun 1983. . Statutes: Occupiers’ Liability Act 1957 2(2) Jurisdiction: England and Wales This case is cited by: IMPORTANT:This site reports and summarizes cases. Explore the site for more case summaries, law lecture notes and quizzes. Held: The authority was liable. The three appeals dealt with by the House of Lords involved employees who had been exposed to asbestos at work and had subsequently contracted mesothelioma (a form of cancer caused by asbestos exposure). . IMPORTANT:This site reports and summarizes cases. FAIRCHILD v GLENHAVEN England and Wales Court of Appeal (Civil Division) (11 Dec, 2001) 11 Dec, 2001; Subsequent References; Similar Judgments; FAIRCHILD v GLENHAVEN [2001] EWCA Civ 1881 [2002] IRLR 129 [2002] 1 WLR 1052 [2002] WLR 1052 [2002] PIQR P27 [2002] ICR 412. Glenhaven was successful in the lower courts which Fairchild appealed.,,,, This case raised inconsistent policy considerations. . . 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