“A consultation on the government response to the House of Lords decision in Johnston v NEI International Combustion Ltd, that the existence of pleural plaques does not constitute actionable or compensable damage.”
Ministry of Justice, 9th July 2008
Source: www.justice.gov.uk
“Legal fees for firms advising on the ongoing compensation claims for sick coal miners have hit more than £700m.”
Legal Week, 12th June 2008
Source: www.legalweek.com
Child Maintenance and Other Payments Act 2008 published
Full text of Act (PDF)
Source: www.opsi.gov.uk
“A solicitor who specialises in claiming compensation for sick coalminers has banked a personal profit of more than £30 million from the government-funded scheme.”
The Times, 9th June 2008
Source: www.timesonline.co.uk
“Families of workers who have died from the fatal asbestos-related disease, mesothelioma, launched a crucial High Court battle yesterday with insurers who say they are not liable to pay compensation.”
The Times, 4th June 2008
Source: www.timesonline.co.uk
“A legal battle over compensation for asbestos victims is due to begin.”
BBC News, 3rd June 2008
Source: www.bbc.co.uk
“Patients with an asbestos-related form of cancer who had been hoping for compensation now fear they will run out of time under new government rules on payouts.”
The Observer, 23rd March 2008
Source: http://observer.guardian.co.uk
“Whitehall ‘seriously mismanaged’ a £4bn compensation scheme for former miners suffering from lung disease and physical injuries, a report by a committee of MPs said yesterday.”
The Guardian, 4th March 2008
Source: www.guardian.co.uk
Corr v IBC Vehicles Ltd [2008] UKHL 13; WLR (D) 62
“Where the deceased’s suicide had been the direct result of a depressive illness from which he had been suffering, which had been the direct and foreseeable consequence of an accident for which his employer was liable, his widow was entitled to claim damages under s 1 of the Fatal Accidents Act 1976. No reduction should be made for contributory negligence.”
WLR Daily, 27th February 2008
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.
“The widow of a man who killed himself six years after an industrial accident should be compensated by his former employers, the House of Lords said this morning.”
The Times, 27th February 2008
Source: www.timesonline.co.uk
“A group from Wales is campaigning for the UK government to overturn a decision to stop compensating people suffering from an industrial illness.”
BBC News, 27th February 2008
Source: www.bbc.co.uk
“Law firms that grew rich by exploiting sick miners are to be forced to repay tens of millions of pounds that they wrongly sliced from their clients’ compensation.”
The Times, 8th February 2008
Source: www.timesonline.co.uk
“The Legal Complaints Service (LCS) has branded a report claiming it has short-changed some sick miners seeking repayment of fees as ‘unduly harsh’ and ‘negative’.”
Law Society’s Gazette, 17th January 2008
Source: www.lawgazette.co.uk
“Sick miners and their families are losing out on compensation they are entitled to because of administrative failures, according to a critical report by Legal Services Complaints Commissioner Zahida Manzoor.”
The Lawyer, 15th January 2008
Source: www.thelawyer.com
“Lawyers were shocked at the House of Lords decision to end compensation for those suffering from the asbestos-related condition of pleural plaques. Jon Robins looks at the legal ramifications.”
Law Society’s Gazette, 8th November 2007
Source: www.lawgazette.co.uk
“Claimant personal injury lawyers have condemned last week’s House of Lords ruling that bars people who have developed pleural plaques after exposure to asbestos at work from suing employers for damages.”
Law Society’s Gazette, 25th October 2007
Source: www.lawgazette.co.uk
Pleural plaques provide no cause of action
House of Lords
“A person who developed pleural plaques as a result of having been negligently exposed to asbestos in the course of his employment could not sue his employers for negligence.”
The Times, 24th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A person who developed pleural plaques as a result of having been negligently exposed to asbestos in the course of his employment, could not sue his employers for negligence because the presence of pleural plaques did not constitute actionable damage. Although pleural plaques indicated the presence in the lungs and pleura of asbestos fibres which could cause other life-threatening diseases such as asbestosis or mesothelioma, the risk of future illness was not actionable, neither was a psychiatric illness caused by the contemplation of that risk, and those three factors could not be aggregated so as to give rise to a cause of action.”
WLR Daily, 17th October 2007
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.
“Victims of the early effects of exposure to asbestos lost a landmark compensation claim in the Lords on Wednesday.”
Reuters, 17th October 2007
Source: www.reuters.com
“Victims of an asbestos-related disease will learn on Wednesday if they can claim compensation, in a legal ruling that could leave insurers facing claims for millions of pounds.”
Reuters, 17th October 2007
Source: www.reuters.com
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