Is Fairchild a Leading case of the Common Law? – The Inner Temple

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014

Source: www.innertemple.org.uk

Haxton v Philips Electronics UK Ltd – WLR Daily

Posted January 24th, 2014 in asbestos, damages, industrial injuries, law reports, negligence, personal injuries by sally

Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4; [2014] WLR (D) 19

‘There was no reason of principle or policy why a claimant whose life expectancy had been reduced by the negligence of the defendant should not be able to recover damages compensating her for the consequent reduction in damages for loss of dependency which she was entitled to claim in a separate action against the same defendant under the Fatal Accidents Act 1976 as a dependant of her late husband.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Justice for asbestos victims moves forward – Litigation Futures

Posted January 17th, 2014 in asbestos, bills, compensation, industrial injuries, news, personal injuries by sally

‘In early December, I wrote about the new HMRC policy doing nothing but stifle access to justice for asbestos victims. And my opinions on that side of things still hold true.’

Full story

Litigation Futures, 15th January 2014

Source: www.litigationfutures.com

Industrial disease victims central to changes – Ministry of Justice

‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’

Full press release

Ministry of Justice, 4th December 2013

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

Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures

‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’

Full story

Litigtaiton Futures, 5th December 2013

Source: www.litigationfutures.com

Industrial disease victims central to changes – Ministry of Justice

Posted December 5th, 2013 in asbestos, consultations, costs, industrial injuries, insurance, news, victims by sally

‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’

Full story

Ministry of Justice, 4th December 2013

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

Asbestos NHS treatment cost recovery bill is voted into law – BBC News

Posted November 21st, 2013 in asbestos, bills, costs, insurance, news, Wales by sally

“A bill to recover the costs of treating Welsh asbestos patients from businesses or insurers has been passed by assembly members.”

Full story

BBC News, 20th November 2013

Source: www.bbc.co.uk

Law Society rejects fixed recoverable costs for mesothelioma claims – Litigation Futures

Posted November 14th, 2013 in asbestos, costs, Law Society, news, personal injuries, pre-action conduct by tracey

“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”

Full story

Litigation Futures, 14th November 2013

Source: www.litigationfutures.com

McDonald v Department for Communities and Local Government and another – WLR Daily

Posted November 14th, 2013 in appeals, asbestos, employment, law reports by tracey

McDonald v Department for Communities and Local Government and another [2013] EWCA Civ 1346:  [2013] WLR (D)  431

“A person who in the course of his employment visited the premises of another employer where a process was carried on giving off dust or fumes likely to be injurious through inhalation was not a person employed, within the meaning of section 47(1) of the Factories Act 1937, in connection with the process carried on in those premises so as to come within the protection afforded by the section.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Mesothelioma charities clash with Ministry of Justice over Grant ‘pledge’ – Litigation Futures

Posted October 3rd, 2013 in asbestos, charities, compensation, news, victims by sally

“The government has played down claims by charities supporting asbestos victims that minister Helen Grant agreed not to introduce changes to the compensation regime that they did not support.”

Full story

Litigation Futures, 2nd October 2013

Source: www.litigationfutures.com

MoJ proposes online scheme for asbestos victims – Law Society’s Gazette

“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”

Full story

Law Society’s Gazette, 24th July 2013

Source: www.lawgazette.co.uk

Claimant lawyers hit out at government’s mesothelioma plan – Litigation Futures

“A government scheme designed to speed payments to mesothelioma sufferers could leave them thousands of pounds out of pocket and will not help other asbestos victims, according to claimant personal injury lawyers.”

Full story

Litigation Futures, 9th May 2013

Source: www.litigationfutures.com

Exclusive: Victims blame insurers for ‘insulting’ asbestos payouts – The Independent

“A new law intended to ensure insurance firms pay compensation when employers’ paperwork is lost will apply only to some cancer sufferers, and they will get less than expected.”

Full story

The Independent, 5th May 2013

Source: www.independent.co.uk

Asbestos cancer compensation scheme is ‘too limited and too late’ for victims – The Guardian

“A scheme to compensate victims of asbestos cancer will not come into force for two years, so many will die before receiving any money, the government is being warned.”

Full story

The Guardian, 19th August 2012

Source: www.guardian.co.uk

Anglo American: a right to sue in the UK as well as in South Africa? – UK Human Rights Blog

Posted July 17th, 2012 in asbestos, company law, domicile, news, subsidiary companies by sally

“Back to the problem of when and where you can sue various members of a group of companies. In the Cape case (for which see my post), a parent company was held liable for failing to ensure that its subsidiary properly managed the risks posed by asbestos. In this case of Vava, the claimants wanted to sue a South African registered holding company (AASA) in the UK, on the basis that the real decisions were taken in the UK, and hence AASA were domiciled in the UK for purposes of suing them.”

Full story

UK Human Rights Blog, 16th June 2012

Source: www.ukhumanrightsblog.com

Domestic and Personal Injury Newsletter – Thirty Nine Essex Street

Domestic and Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, June 2012

Source: www.39essex.com

Laying down the law on nanotechnology – The Guardian

Posted June 12th, 2012 in asbestos, EC law, environmental protection, health & safety, news by sally

“Regulating nanotechnology is fraught with difficulties. Current environmental law simply doesn’t apply on the nano-scale.”

Full story

The Guardian, 11th June 2012

Source: www.guardian.co.uk

Suing the corporate soul; parent company down for asbestosis – UK Human Rights Blog

Posted May 8th, 2012 in asbestos, industrial injuries, news, subsidiary companies by sally

“This may sound like a rather dreary topic, but the problem is vitally important for the proper reach of environmental and personal injury law. Some may have seen from my post on the Erika disaster the difficult issues which can arise when a multi–national (in that case, Total) does business through a number of corporate entities, particularly where they are domiciled in different countries. But the present case is a good example where liabilities are not confined to the party directly responsible for the injury or disaster. Good thing, too, for this claimant, who stood to gain nothing from his former employer, a company now dissolved, or indeed its insurers.”

Full story

UK Human Rights Blog, 4th May 2012

Source: www.ukhumanrightsblog.com

Asbestos exemption to ‘no-win, no-fee’ changes

Posted April 25th, 2012 in asbestos, compensation, industrial injuries, legal aid, news by sally

“Sufferers of asbestos-related cancer will initially be exempt from government changes to ‘no-win, no-fee’ rules, a justice minister has said.”

Full story

BBC News, 24th April 2012

Source: www.bbc.co.uk

The Employers’ Liability Policy Trigger Litigation – 4 New Square

Posted April 3rd, 2012 in asbestos, employment, indemnities, industrial injuries, insurance, news by sally

“The Supreme Court handed down judgment in the Employers’ Liability Policy Trigger Litigation on 28 March 2012. The appeals of the run-off insurers on the construction of ‘disease contracted’ were dismissed and the appeals of the insureds and Zurich against the construction of ‘sustaining injury’ were allowed. The result is that employers’ liability policies which are written on a ‘sustained’ or ‘contracted’ basis will, in mesothelioma cases, respond by reference to the date of exposure rather than the date of the tumour. The Court was divided on a subsidiary question of causation as to the application of the ‘special rule’ in Fairchild. Lord Phillips would have held that none of the policies responded but the majority was firmly against his view.”

Full story (PDF)

4 New Square, 28th March 2012

Source: www.4newsquare.com