Dear Members,

The UK Supreme Court has this morning handed down an important decision on causation in the conjoined appeals of Sienkiewicz v Greif (UK) Limited; Knowsley Metropolitan Borough Council v Willmore [2011] UKSC 10 http://www.supremecourt.gov.uk/docs/UKSC_2009_0219_Judgment.pdf. The Court, in several speeches, considers the Fairchild exception, the effect of s 3 of the Compensation Act 2006 (a messy legislative intervention), how 'material' a material contribution to risk has to be, and the purported 'doubling of risk' rule. There are more general observations about causation, and about the value of epidemiological evidence. Lord Rodger's opinion is particularly worth reading. The Court dismissed both appeals, so the claims succeeded in both cases. The decision will be of considerable interest to many colleagues on this list.

Best wishes,

James

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James Lee
Lecturer and Director of Careers
Academic Fellow of the Inner Temple
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT, United Kingdom

Tel: +44 (0)121 414 3629
E-mail: j.s.f.lee@bham.ac.uk