Category: asbestos

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.’

Full story

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.’

Full story

Litigation Futures, 23rd October 2014

Source: www.litigationfutures.com

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) – Supreme Court

Posted October 22nd, 2014 in asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) [2014] UKSC 53 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

Second bite of the cherry? Bringing a second action against different employers for development of mesothelioma: abuse of process, cause of action estoppel and discretion under s33 Limitation Act 1980 considered – Zenith PI Blog

Posted October 22nd, 2014 in abuse of process, asbestos, damages, employment, estoppel, limitations, news, personal injuries by sally

‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’

Full story

Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by sally

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

Full story

BBC News, 2nd October 2014

Source: www.bbc.co.uk

West Herts NHS trust fined nearly £90,000 over asbestos risk – BBC News

Posted August 20th, 2014 in asbestos, employment, fines, health & safety, hospitals, news by sally

‘An NHS trust which put staff at risk to exposure from asbestos for 11 years has been ordered to pay nearly £90,000 by a court.’

Full story

BBC News, 20th August 2014

Source: www.bbc.co.uk

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

Posted August 1st, 2014 in asbestos, compensation, costs, industrial injuries, insurance, news, personal injuries, select committees by sally

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

Full story

The Independent, 1st August 2014

Source: www.independent.co.uk

High Court sets out new procedure to help families of asbestos victims access employment records – Litigation Futures

Posted July 11th, 2014 in asbestos, disclosure, employment, health & safety, industrial injuries, news, personal injuries by sally

‘The High Court has set out a new procedure to help the families of workers who died from asbestos-related diseases trace their employment histories.’

Full story

Litigation Futures, 11th July 2014

Source: www.litigationfutures.com

New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures

Posted May 6th, 2014 in asbestos, courts, fees, insurance, lord chancellor, news, personal injuries, speeches by sally

‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

Full story

Litigation Futures, 6th May 2014

Source: www.litigationfutures.com

Asbestos cancer payments of up to £123,000 announced – BBC News

Posted March 7th, 2014 in asbestos, cancer, compensation, news by sally

‘Victims of mesothelioma, an aggressive cancer caused by exposure to asbestos, are to receive an average of £123,000 compensation from a new fund.’

Full story

BBC News, 6th March 2014

Source: www.bbc.co.uk

Support for industrial disease victims – Ministry of Justice

Posted March 6th, 2014 in asbestos, compensation, consultations, health, industrial injuries, press releases, victims by sally

‘Sufferers of a deadly industrial disease will be the focus of work to improve the compensation claims process for them, new Justice Minister Lord Faulks said today.’

Full press release

Ministry of Justice, 6th March 2014

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

Mesothelioma Act 2014

Posted January 31st, 2014 in asbestos, cancer, compensation, industrial injuries, legislation, personal injuries by sally

Mesothelioma Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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

Posted January 30th, 2014 in asbestos, duty of care, insurance, judgments, law reports, negligence, news, personal injuries, precedent, speeches, vicarious liability by sally

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

Posted December 6th, 2013 in asbestos, compensation, consultations, industrial injuries, insurance, press releases, 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 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

Posted December 6th, 2013 in asbestos, bills, consultations, costs, industrial injuries, insurance, news, pre-action conduct by sally

‘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