Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

Supreme Court says Welsh NHS charges Bill in breach of A1P1 – UK Human Rights Blog

‘Sounds like a rather abstruse case, but the Supreme Court has had some important things to say about how the courts should approach an argument that Article 1 of Protocol 1 to ECHR (the right to peaceful enjoyment of possessions) is breached by a legislative decision. The clash is always between public benefit and private impairment, and this is a good example.’

Full story

UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales – Supreme Court

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales [2015] UKSC 3 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Asbestos NHS costs decision due from Supreme Court – BBC News

Posted February 9th, 2015 in appeals, asbestos, bills, costs, insurance, local government, news, Supreme Court, Wales by sally

‘Firms in Wales whose staff are treated for asbestos-related illnesses are to learn if they must reimburse the NHS.’

Full story

BBC News, 9th February 2015

Source: www.bbc.co.uk

New support for industrial disease victims – Ministry of Justice

Posted December 9th, 2014 in asbestos, compensation, industrial injuries, news, victims by sally

‘New measures to support sufferers of the industrial disease mesothelioma and their families have been announced by Justice Minister Lord Faulks.’

Full story

Ministry of Justice, 8th December 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Asbestos, recoupment of compensation, and the Pneumoconiosis (Workers’ Compensation) Act 1979 – Zenith PI Blog

Posted November 17th, 2014 in asbestos, benefits, compensation, damages, employment, news by sally

‘Defendants in asbestos-related claims should be careful to ensure that compensation paid under the Pneumoconiosis (Workers Compensation) Act 1979 (“the Act”) is properly deducted from a claimant’s damages, before an order for damages is made against them.’

Full story

Zenith PI Blog, 13th November 2014

Source: www.zenithpi.wordpress.com

Mirfin v Secretary of State for Energy and Climate Change: Manchester County Court’s application of the Mesothelioma Claims Practice Direction to “non-mesothelioma” cases – Zenith PI Blog

Posted November 6th, 2014 in asbestos, compensation, courts, news, practice directions by sally

‘The Manchester County Court’s designated District Judges for Cancer Asbestos and Terminal Illness (“CAT”) cases apply from the outset the Mesothelioma Claims Practice Direction to all asbestos-related claims, irrespective of whether they involve mesothelioma: and this appeal judgment supports this practice.’

Full story

Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

McDonald v National Grid Electricity Transmission plc – WLR Daily

Posted October 28th, 2014 in appeals, asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439

‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

Supreme Court extends protection for asbestos victims – Litigation Futures

Posted October 23rd, 2014 in appeals, asbestos, news, regulations, Supreme Court, victims by sally

‘The Supreme Court has extended protection for victims of asbestos-related diseases, by ruling that the Asbestos Industry Regulations 1931 applied to all workers in factories where asbestos was being processed.’

Full story

Litigation Futures, 23rd October 2014

Source: www.litigationfutures.com

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) – Supreme Court

Posted October 22nd, 2014 in asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) [2014] UKSC 53 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

Second bite of the cherry? Bringing a second action against different employers for development of mesothelioma: abuse of process, cause of action estoppel and discretion under s33 Limitation Act 1980 considered – Zenith PI Blog

‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’

Full story

Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by tracey

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

Full story

BBC News, 2nd October 2014

Source: www.bbc.co.uk

West Herts NHS trust fined nearly £90,000 over asbestos risk – BBC News

Posted August 20th, 2014 in asbestos, employment, fines, health & safety, hospitals, news by tracey

‘An NHS trust which put staff at risk to exposure from asbestos for 11 years has been ordered to pay nearly £90,000 by a court.’

Full story

BBC News, 20th August 2014

Source: www.bbc.co.uk

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

Full story

The Independent, 1st August 2014

Source: www.independent.co.uk

High Court sets out new procedure to help families of asbestos victims access employment records – Litigation Futures

‘The High Court has set out a new procedure to help the families of workers who died from asbestos-related diseases trace their employment histories.’

Full story

Litigation Futures, 11th July 2014

Source: www.litigationfutures.com

New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures

Posted May 6th, 2014 in asbestos, courts, fees, insurance, lord chancellor, news, personal injuries, speeches by tracey

‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

Full story

Litigation Futures, 6th May 2014

Source: www.litigationfutures.com

Asbestos cancer payments of up to £123,000 announced – BBC News

Posted March 7th, 2014 in asbestos, cancer, compensation, news by tracey

‘Victims of mesothelioma, an aggressive cancer caused by exposure to asbestos, are to receive an average of £123,000 compensation from a new fund.’

Full story

BBC News, 6th March 2014

Source: www.bbc.co.uk

Support for industrial disease victims – Ministry of Justice

‘Sufferers of a deadly industrial disease will be the focus of work to improve the compensation claims process for them, new Justice Minister Lord Faulks said today.’

Full press release

Ministry of Justice, 6th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Mesothelioma Act 2014

Mesothelioma Act 2014 published

Full text of Act

Source: www.legislation.gov.uk