McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) – Supreme Court
Supreme Court, 22nd October 2014
Category: asbestos
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
‘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?’
Zenith PI Blog, 21st October 2014
Source: www.zenithpi.wordpress.com
Asbestos victims win damages ruling – BBC News
‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’
BBC News, 2nd October 2014
Source: www.bbc.co.uk
West Herts NHS trust fined nearly £90,000 over asbestos risk – BBC News
‘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.’
BBC News, 20th August 2014
Source: www.bbc.co.uk
Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent
‘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.’
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
‘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
‘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.’
Litigation Futures, 6th May 2014
Source: www.litigationfutures.com
Asbestos cancer payments of up to £123,000 announced – BBC News
‘Victims of mesothelioma, an aggressive cancer caused by exposure to asbestos, are to receive an average of £123,000 compensation from a new fund.’
BBC News, 6th March 2014
Source: www.bbc.co.uk
Support for industrial disease victims – Ministry of Justice
‘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.’
Ministry of Justice, 6th March 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Is Fairchild a Leading case of the Common Law? – The Inner Temple
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
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
‘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.’
Litigation Futures, 15th January 2014
Source: www.litigationfutures.com
Industrial disease victims central to changes – Ministry of Justice
‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’
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
‘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.’
Litigtaiton Futures, 5th December 2013
Source: www.litigationfutures.com
Industrial disease victims central to changes – Ministry of Justice
‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’
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
“A bill to recover the costs of treating Welsh asbestos patients from businesses or insurers has been passed by assembly members.”
BBC News, 20th November 2013
Source: www.bbc.co.uk
Law Society rejects fixed recoverable costs for mesothelioma claims – Litigation Futures
“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”
Litigation Futures, 14th November 2013
Source: www.litigationfutures.com
McDonald v Department for Communities and Local Government and another – WLR Daily
“A person who in the course of his employment visited the premises of another employer where a process was carried on giving off dust or fumes likely to be injurious through inhalation was not a person employed, within the meaning of section 47(1) of the Factories Act 1937, in connection with the process carried on in those premises so as to come within the protection afforded by the section.”
WLR Daily, 6th November 2013
Source: www.iclr.co.uk
Mesothelioma charities clash with Ministry of Justice over Grant ‘pledge’ – Litigation Futures
“The government has played down claims by charities supporting asbestos victims that minister Helen Grant agreed not to introduce changes to the compensation regime that they did not support.”
Litigation Futures, 2nd October 2013
Source: www.litigationfutures.com
