April
Articles matching "asbestos"
The future of disease claims – where is the legacy market heading?
After a turbulent few years in the disease claims market, characterised by the well documented surge in the volume and costs of NIHL claims followed by slow progress towards reform, proposals for FRC…
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Scotland legal update: Applicable law in fatal asbestos case
In Scotland, family members of a deceased person have been entitled claim to compensation in terms of s.4(3) the Damages (Scotland) Act 2011 where the death was caused by the negligence of another.…
Read morePleural plaques and asymptomatic asbestos conditions: Scotland update
In the last few months there have been two important Court of Session decisions involving claims for pleural plaques and asymptomatic asbestosis, in particular the assessment of the appropriate level…
Read moreEmployers’ liability insurance and the equitable right of recoupment
Personal Injury analysis: The recent Supreme Court ruling in Zurich v IEG has been hailed as a victory for insurers. Derek Adamson, partner and national head of occupational health and casualty at DWF…
Read moreFebruary Round up of Legislative Activity in Scotland
As momentum builds for the implementation of the Courts Reform (Scotland) Act 2014 and the issue of expenses reform is opened up for debate, two draft bills were also proposed by two Scottish MSPs.…
Read moreAre you a responsible parent?
Rob Edwards reviews asbestos-related illness in the manufacturing industry.
Read moreAssessment of contributory negligence for smoking in asbestos related lung cancer case
Mark Treacher looks at approach taken by the court when calculating the degree of contributory negligence in a case where the deceased developed lung cancer due to a combination of smoking and…
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Windfall for Claimant Solicitors to continue - Asbestos Victims’ Support Groups Forum successful in LASPO judicial review
In July the Asbestos Victims’ Support Groups Forum sought a judicial review of the Justice Secretary’s decision to apply sections 44 and 46 of LASPO to mesothelioma claims. They argued that the…
Read moreParent company not liable for asbestos related disease sustained by employee of subsidiary
Court of Appeal decision following the appeal by a parent company against a first instance decision that it was liable to the employee of a subsidiary in relation to asbestos related disease sustained…
Read moreDisease: Court of Appeal considers constructive knowledge and section 33 discretion
Patrick McBrien reviews this Court of Appeal judgment which clarifies the definition of constructive knowledge and the court’s section 33 discretion in a disease context. The claimant who in 2002 was…
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