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.”

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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.”

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The Guardian, 28th March 2012

Source: www.guardian.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.”

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Law Society’s Gazette, 15th March 2012

Source: www.lawgazette.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.”

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Law Society’s Gazette, 13th February 2012

Source: www.lawgazette.co.uk

‘Needless’ compensation payouts to be cut – Daily Telegraph

Posted October 24th, 2011 in accidents, compensation, health & safety, industrial injuries, news by sally

“Compensation payments for workplace accidents could be cut under a government drive to reduce the cost of red tape to businesses.”

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Daily Telegraph, 22nd October 2011

Source: www.telegraph.co.uk

Coalminer court actions set for ‘special hearing’ – Law Society’s Gazette

Posted January 27th, 2011 in compensation, industrial injuries, news by sally

“All pending court actions brought by former coalminers who allege their solicitors did not claim adequate government compensation on their behalf have been suspended pending a special hearing in April, the Gazette has learned.”

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Law Society’s Gazette, 27th January 2011

Source: www.lawgazette.co.uk

Threlfall v Hull City Council – WLR Daily

Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262

“In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of ‘effectiveness’ was at the heart of the issue of suitability.”

WLR Daily, 21st Octbober 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.

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.”

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The Independent, 8th October 2010

Source: www.independent.co.uk

Asbestos victims await compensation ruling – The Independent

Posted October 4th, 2010 in compensation, industrial injuries, insurance, news by sally

“Thousands of families bereaved by the asbestos cancer mesothelioma will discover this week whether insurance companies will compensate them for the deaths of their loved ones. The Court of Appeal will rule in a test case on Friday if insurers must pay out on company policies that existed when people were exposed to the deadly dust.”

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The Independent, 3rd 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.”

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The Guardian, 29th August 2010

Source: www.guardian.co.uk

Ex-miners claim injuries were under-compensated – BBC News

Posted August 18th, 2010 in compensation, complaints, industrial injuries, law firms, miners, news by sally

“A group of former miners who suffered industrial injuries are claiming they received inadequate compensation from a government scheme.”

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BBC News, 18th August 2010

Source: www.bbc.co.uk

Lords demand curbs on pleural plaques compensation fees – Law Society’s Gazette

Posted March 18th, 2010 in asbestos, bills, compensation, fees, industrial injuries, news by sally

“Solicitors and claims management companies (CMCs) acting in pleural plaques compensation cases should have their legal fees severely curtailed, the House of Lords heard last week.”

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Law Society’s Gazette, 18th March 2010

Source: www.lawgazette.co.uk

Pleural plaques: Jack Straw statement – Ministry of Justice

“Justice Secretary Jack Straw has made a statement on the government’s decision on the question of compensation for pleural plaques.”

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Ministry of Justice, 25th February 2010

Source: www.justice.gov.uk

MPs lobby to exclude solicitors from asbestos compensation scheme – Law Society’s Gazette

Posted December 10th, 2009 in bills, compensation, industrial injuries, news, solicitors by sally

“MPs are lobbying prime minister Gordon Brown to exclude solicitors from any government-run scheme to compensate workers for asbestos-related pleural plaques.”

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Law Society’s Gazette, 10th December 2009

Source: www.lawgazette.co.uk

Solicitors who took millions from miners lose appeal – BBC news

“Solicitors who took millions of pounds from compensation payouts given to sick miners have lost their appeal against being struck off for misconduct.”

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BBC New, 2nd December 2009

Source: www.bbc.co.uk

Train drivers win injury payout – BBC News

Posted December 2nd, 2009 in compensation, health & safety, industrial injuries, news, railways by sally

“Three train drivers who claimed that an industrial injury left their hands permanently disabled have been awarded more than £22,000 in compensation.”

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BBC News, 30th November 2009

Source: www.bbc.co.uk

Lost or missing insurance policies leave asbestos victims without compensation – The Independent

Posted November 30th, 2009 in asbestos, industrial injuries, insurance, news by sally

“Insurance companies were yesterday accused of profiteering from victims of the deadly asbestos cancer mesothelioma. Hundreds of victims of the disease are going without compensation because many of the insurance policies meant to protect workers allegedly have been lost.”

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The Independent, 29th November 2009

Source: www.independent.co.uk

 

Sick miners ‘are owed millions’ – BBC News

Posted September 14th, 2009 in claims management, compensation, industrial injuries, miners, news, solicitors by sally

“About 150,000 sick miners and their families are still owed £100m by solicitors who wrongly charged them for compensation claims, an MP says.”

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BBC News, 13th September 2009

Source: www.bbc.co.uk