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.”

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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

Asbestos court ruling leaves insurers facing bill of up to £5bn – The Guardian

Posted March 29th, 2012 in asbestos, indemnities, industrial injuries, insurance, news, Supreme Court by sally

“Insurers may have to pay out as much as £5bn to relatives of those who have died from asbestos-related cancers following a supreme court judgment that will benefit thousands of families.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

Asbestos: court ruling opens way for insurance claims – BBC News

Posted March 28th, 2012 in asbestos, cancer, compensation, health & safety, insurance, news, Supreme Court, victims by sally

“The UK Supreme Court has made a ruling which could allow thousands of insurance claims by families of people who died after exposure to asbestos.”

Full story

BBC News, 28th March 2012

Source: www.bbc.co.uk

Families win landmark ruling on £600m asbestos compensation – The Independent

Posted March 26th, 2012 in asbestos, compensation, families, health & safety, insurance, news, victims by sally

“Thousands of families whose relatives were killed by asbestos cancers will win a landmark compensation victory this week, sources have told The Independent on Sunday. The Supreme Court will rule on Wednesday that insurers who offered cover at the time victims inhaled the deadly fibres will have to pay compensation.”

Full story

The Independent, 25th March 2012

Source: www.independent.co.uk

Industrial disease wins exemption from CFA cut – Law Society’s Gazette

Posted March 16th, 2012 in asbestos, fees, industrial injuries, news by tracey

“Peers in the House of Lords have voted for sufferers of asbestos-related disease to be exempt from reforms to no win, no fee litigation.”

Full story

Law Society’s Gazette, 15th March 2012

Source: www.lawgazette.co.uk

Corgi Hosiery fined over factory asbestos removal – BBC News

Posted March 5th, 2012 in asbestos, bankruptcy, fines, health & safety, news by tracey

“A company in Carmarthenshire has been fined £25,000 after being found guilty of failing to protect its employees from asbestos.”

Full story

BBC News, 2nd March 2012

Source: www.bbc.co.uk

Mesothelioma ruling opens way to higher payouts for elderly – Law Society’s Gazette

Posted February 13th, 2012 in asbestos, damages, industrial injuries, news by sally

“Elderly victims of mesothelioma could be entitled to substantial compensation, following a landmark ruling on damages for pain and suffering.”

Full story

Law Society’s Gazette, 13th February 2012

Source: www.lawgazette.co.uk

Supreme Court Court backs asbestos compensation law – BBC News

Posted October 12th, 2011 in asbestos, compensation, health & safety, human rights, insurance, news by sally

“The UK Supreme Court has backed the right of people in Scotland to claim damages for the asbestos-related condition pleural plaques.”

Full story

BBC News, 12th October 2011

Source: www.bbc.co.uk

Asbestos prosecution unlikely at Aberystwyth hospital – BBC News

Posted August 15th, 2011 in asbestos, health & safety, hospitals, news by sally

“A health board is unlikely to face prosecution over whether up to 30 people were exposed to asbestos at Bronglais Hospital in Aberystwyth.”

Full story

BBC News, 12th August 2011

Source: www.bbc.co.uk

Miner Ray Noble’s family wins Retford asbestos case – BBC News

Posted March 11th, 2011 in asbestos, damages, health & safety, negligence, news by sally

“The family of a miner who died years after an experiment with asbestos coating in a pit have won compensation three years after his death.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council – WLR daily

Posted March 11th, 2011 in asbestos, causation, law reports, negligence, personal injuries by sally
“The special rule attributing causation to multiple defendants in mesothelioma cases also applied to a single defendant who, in breach of duty, exposed a victim to asbestos dust, where her only other known exposure was low level asbestos fibres in the general atmosphere and where she subsequently contracted the disease.”
WLR Daily, 10th March 2011
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

School asbestos compensation puts councils under pressure – The Guardian

Posted March 10th, 2011 in asbestos, compensation, local government, news, school children by sally

“The government faces pressure to assess the risk of asbestos in schools following a landmark legal victory for the family of a woman who died after ‘low-level’ exposure as a secondary school pupil.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Families win asbestos payouts in Supreme Court hearing – BBC News

Posted March 9th, 2011 in asbestos, compensation, health & safety, negligence, news by sally

“Two families have won ground-breaking claims for compensation after loved ones died from cancer after exposure to ‘low level’ asbestos on Merseyside.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others – WLR Daily

Posted October 20th, 2010 in asbestos, indemnities, industrial injuries, insurance, law reports by sally

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others [2010] EWCA Civ 1096; [2010] WLR (D) 256

“In any year in which an employee underwent substantial exposure to asbestos and subsequently developed mesothelioma, the mesothelioma was ’caused’ by the exposure during that year. An insurance policy which was worded to indemnify the employer against disease ’caused’ during employment thus responded to the mesothelioma. However, employers’ liability policies framed in terms of the employee suffering or sustaining an injury did not have the same effect. Employees did not suffer or sustain an injury within the meaning of the policies when they were exposed to asbestos. Injury was not suffered until the onset of malignancy, and policies with that type of wording did not indemnify the employer. Mesothelioma might also be ‘contracted’ when exposure occurred.”

WLR Daily, 19th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ruling fails to halt confusion for asbestos sufferers – The Independent

Posted October 8th, 2010 in asbestos, compensation, industrial injuries, insurance, news by sally

“Victims of asbestos and their families face more ‘confusion and uncertainty’ today after a Court of Appeal ruling.”

Full story

The Independent, 8th October 2010

Source: www.independent.co.uk

Mesothelioma: Hospice wins landmark victory in asbestos cancer case – The Guardian

Posted August 31st, 2010 in asbestos, cancer, care homes, charities, industrial injuries, news, personal injuries by sally

“Hospices that care for victims of a form of cancer caused by asbestos exposure hope to get help with treatment costs following a landmark court ruling.”

Full story

The Guardian, 29th August 2010

Source: www.guardian.co.uk