Judgment in the case of Barker v Corus (UK) Limited was handed down by the House of Lords on 3 May, 2006. By a majority decision, the House clarified the ‘Fairchild Exception’ and ruled that proportionate damages are payable in mesothelioma claims that fall within the exception. In a separate development, the Government announced on 20 June its proposals to reverse the effect of the Barker decision through an amendment to the draft Compensation Bill.

Balance of probabilities