Applying the Fairchild test in Barker v Corus UK Ltd [2006] UKHL 20, the House of Lords held that liability should be apportioned according to each defendant’s contribution to the total risk of mesothelioma. This has been reversed in respect of mesothelioma claims by s 3 Compensation Act 2006 which restored joint and several liability. The Supreme Court has since confirmed that it is the mesothelioma itself rather than the risk of mesothelioma that forms the gist of the negligence action: Durham v BAI (Run Off) Ltd [2012] UKSC 14 (employers’ liability policy ‘trigger’ litigation).