School asbestos compensation puts councils under pressure – The Guardian

Posted March 10th, 2011 in asbestos, compensation, local government, news, school children by sally

“The government faces pressure to assess the risk of asbestos in schools following a landmark legal victory for the family of a woman who died after ‘low-level’ exposure as a secondary school pupil.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Families win asbestos payouts in Supreme Court hearing – BBC News

Posted March 9th, 2011 in asbestos, compensation, health & safety, negligence, news by sally

“Two families have won ground-breaking claims for compensation after loved ones died from cancer after exposure to ‘low level’ asbestos on Merseyside.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

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.”

Full story

The Independent, 8th 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.”

Full story

The Guardian, 29th August 2010

Source: www.guardian.co.uk

Drake and another v Foster Wheeler Ltd – WLR Daily

Posted August 20th, 2010 in asbestos, care homes, compensation, employment, law reports, news, personal injuries by sally

Drake and another v Foster Wheeler Ltd [2010] EWHC 2004 (QB); [2010] WLR (D) 232

“Claims for hospice care were rare and were directly analogous to recoverable claims made by claimants from tortfeasor defendants for the recovery of compensation on behalf of relatives who had provided gratuitous care to the claimant in order to alleviate the consequences of tortiously inflicted injuries.”

WLR Daily, 19th August 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.

Pleural plaques former claimants payment scheme – Ministry of Justice

Posted August 3rd, 2010 in asbestos, compensation, news by sally

“The Government’s Pleural Plaques Former Claimants Payment Scheme opens for applications today [2nd August].”

Full news release

Ministry of Justice, 2nd August 2010

Source: www.justice.gov.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.”

Full story

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.”

Full story

Ministry of Justice, 25th February 2010

Source: www.justice.gov.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.”

Full story

The Independent, 29th November 2009

Source: www.independent.co.uk

 

Sienkiewicz (administratrix of the estate of Enid Costello decd) v Greif (UK) Ltd – WLR Daily

Posted November 12th, 2009 in asbestos, causation, law reports, negligence, personal injuries by sally

Sienkiewicz (administratrix of the estate of Enid Costello decd) v Greif (UK) Ltd [2009] EWCA Civ 1159; [2009] WLR (D) 321

“A claimant bringing an action in tort for exposure to asbestos dust resulting in mesothelioma was required to establish that the tortious exposure had materially increased the risk of contracting the disease.”

WLR Daily, 10th November 2009

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.

Abestos-diseased plumber gets £175,000 compensation – Daily Telegraph

Posted July 20th, 2009 in asbestos, compensation, news by sally

“A former hospital plumber who developed an asbestos-related disease has received £175,000 in compensation.”

Full story

Daily Telegraph, 20th July 2009

Source: www.telegraph.co.uk

Tenant sues council over asbestos – BBC News

Posted July 9th, 2009 in asbestos, housing, landlord & tenant, news by sally

“A council tenant is planning to sue her local authority following the discovery of asbestos in her south London home.”

Full story

BBC News, 9th July 2009

Source: www.bbc.co.uk

Ratcliffe v Secretary of State for Defence – WLR Daily

Posted February 6th, 2009 in armed forces, asbestos, law reports, war pensions, widows by sally

Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39; [2009] WLR (D) 33

“A woman who had been the partner of a naval officer for over 25 years at the time of his death from disease said to derive from exposure to asbestos during his employment was in an analogous situation to that of a married woman. However, the Secretary of State for Defence was able to justify a distinction in war pension entitlement between her case and that of a married survivor.”

WLR Daily, 4th February 2009

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.

Asbestos cancer victims win High Court fight for mesothelioma insurance payouts – The Times

Posted November 21st, 2008 in asbestos, industrial injuries, insurance, news by sally

“Thousands of victims of a fatal asbestos-related lung cancer are in line for six-figure sums in compensation after a victory today that lands insurers with a multi-million pound bill.”

Full story

The Times, 21st November 2008

Source: www.timesonline.co.uk

Asbestos compensation ruling due – BBC News

Posted November 21st, 2008 in asbestos, industrial injuries, insurance, news by sally

“A ruling is expected later that could have profound implications for asbestos-related cancer victims and their families.”

Full story

BBC News, 21st November 2008

Source: www.bbc.co.uk

Shipyard workers must be compensated for asbestos exposure – The Times

Posted September 22nd, 2008 in asbestos, industrial injuries, special report by sally

“The Justice Committee has the opportunity to reverse a decision to deny those with pleural plaques the right to compensation”

Full story

The Times, 21st September 2008

Source: www.timesonline.co.uk

High court challenge to stop toxic French ship arriving in Britain – Daily Telegraph

Posted September 4th, 2008 in asbestos, environmental protection, health & safety, news by sally

“A High Court challenge has been launched to stop a French aircraft carrier being broken up in Britain after it was deemed too toxic to be taken apart in India.”

Full story

Daily Telegraph, 3rd Septemeber 2008

Source: www.telegraph.co.uk

Pleasing employers, letting down victims? – The Times

Posted July 16th, 2008 in asbestos, damages, industrial injuries, news by sally

“Backbench MPs are seeking to block controversial plans they believe will prevent victims of asbestos-related diseases suing their employers for damages.”

Full story

The Times, 15th July 2008

Source: www.timesonline.co.uk

Hope of £5,000 compensation for asbestos victims – The Guardian

Posted July 14th, 2008 in asbestos, compensation, industrial injuries, news by sally

“People suffering from pleural plaques through exposure to asbestos could qualify for a £5,000 payment if the outcome of a new government consultation goes in their favour.”

Full story

The Guardian, 13th July 2008

Source: www.guardian.co.uk