October 3, 2025
Sienkiewicz v Greif (UK) Ltd [2011] UKSC 10
The deceased in each conjoined appeal contracted mesothelioma following one tortious asbestos exposure and background environmental exposure. The Supreme Court held that the 'material increase in risk' test for causation from Fairchild applies, even with only a single tortious defendant. Facts This Supreme Court judgment concerned two conjoined appeals, both involving claims for damages for mesothelioma caused by exposure to asbestos. In the first case (Sienkiewicz), the estate of Enid Costello claimed against her former employer, Greif (UK) Ltd. Mrs Costello was exposed to asbestos dust while working in the defendant’s factory. This was the only known tortious exposure, but
