Category: asbestos

Material Contribution – Carder v University Of Exeter (2016) – Zenith PI

Posted October 7th, 2016 in asbestos, damages, news, personal injuries by tracey

‘Albert Victor Carder v University Of Exeter [2016] EWCA Civ 790. The Court of Appeal held that an asbestosis sufferer was entitled to recover damages from an employer who had contributed 2.3% of his overall exposure to asbestos dust. The contribution, whilst undoubtedly very small, had materially contributed to the respondent’s medical condition and was not de minimis.’

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Zenith PI, 5th October 2016

Source: www.zenithpi.wordpress.com

University forced to pay out for 2.3% contribution to employee’s asbestosis – Litigation Futures

Posted August 3rd, 2016 in asbestos, compensation, negligence, news, personal injuries, universities by tracey

‘The Court of Appeal has ruled that an employer who negligently contributed 2.3% of the asbestos fibres in the lungs of an asbestosis sufferer should have to pay proportional compensation.’

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Litigation Futures, 1st August 2016

Source: www.litigationfutures.com

Damages in Fatal Accidents Claims: Supreme Court decision as to proper basis for calculations of future loss – Henderson Chambers

Posted March 22nd, 2016 in accidents, appeals, asbestos, damages, industrial injuries, news, Supreme Court, trials by sally

‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’

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Henderson Chambers, February 2016

Source: www.hendersonchambers.co.uk

Veterans dying from asbestos-related cancer win battle for compensation – The Independent

Posted March 1st, 2016 in armed forces, asbestos, cancer, compensation, news by sally

‘Scores of veterans dying from asbestos-related cancer caused by their time in the military are to receive a lump sum in compensation, following an Independent campaign to overturn rules that left them worse off than civilians.’

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The Independent, 29th February 2016

Source: www.independent.co.uk

Supreme Court rejects ‘illogical’ precedent on death payments – Law Society’s Gazette

Posted February 25th, 2016 in accidents, appeals, asbestos, damages, news, personal injuries, Supreme Court by sally

‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’

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Law Society’s Gazette, 24th February 2016

Source: www.lawgazette.co.uk

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Posted June 22nd, 2015 in appeals, asbestos, construction industry, contracts, damages, dispute resolution, interest, law reports, limitations, Supreme Court by tracey

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

Posted June 3rd, 2015 in appeals, asbestos, cancer, compensation, costs, employment, Guernsey, health & safety, insurance, law reports, proportionality, Supreme Court by sally

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

UK Supreme Court judges show little appetite for extending ‘Fairchild’ exception to other scenarios, says expert – OUT-LAW.com

Posted May 27th, 2015 in appeals, asbestos, compensation, damages, employment, health & safety, news, personal injuries, proportionality, Supreme Court by sally

‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’

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OUT-LAW.com, 26th May 2015

Source: www.out-law.co.com

Supreme Court backs “broad equitable approach” to insurers’ liability in mesothelioma cases – Litigation Futures

Posted May 21st, 2015 in appeals, asbestos, compensation, insurance, news, Supreme Court by sally

‘Insurers liable to pay compensation to mesothelioma victims have rights to pro rata contributions from other insurers and/or employers covering some of the time of exposure, the Supreme Court has ruled.’
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Litigation Futures, 20th May 2015

Source: www.litigationfutures.co.uk

After settlement of a claim for asbestos-related disease against two employers, is it an abuse of process to bring a claim for mesothelioma against a third employer two and a half years later? – Zenith PI Blog

Posted March 31st, 2015 in abuse of process, asbestos, industrial injuries, limitations, news by sally

‘The High Court decision in Lloyd v Humphreys and Glasgow Ltd [2015] EWHC 525 (QB) handed down on 20.3.2015 considers if there was abuse of process in those circumstances. It is also a useful example of the Court’s willingness to exercise its discretion under section 33 of the Limitation Act 1980.’

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Zenith PI Blog, 30th March 2015

Source: www.zenithpi.wordpress.com

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

Posted February 16th, 2015 in agriculture, appeals, asbestos, bills, constitutional law, damages, devolution, EC law, human rights, insurance, lectures, news, Northern Ireland, parliament, Privy Council, rule of law, Scotland, Supreme Court, Wales by sally

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

Posted February 12th, 2015 in appeals, asbestos, bills, compensation, costs, health, human rights, industrial injuries, news, Supreme Court, Wales by sally

‘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.’

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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

Posted February 10th, 2015 in appeals, asbestos, bills, compensation, costs, industrial injuries, insurance, law reports, Supreme Court by sally

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.’

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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.’

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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.’

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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.’

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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.’

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Litigation Futures, 23rd October 2014

Source: www.litigationfutures.com