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  • Strategy & Procedure
  • Catastrophic Injury
  • Professional Indemnity
  • Motor
  • Fraud
  • Disease
  • Liability
  • Commercial Insurance
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  • Local Authority
  • Scotland

Case watch

Fatal accident in Germany: assessment of damages and choice of law for foreign torts

This DWF Fishburns case of Cox v Ergo Versicherung AG concerns the basis upon which damages should be assessed in a fatal accident claim, where the accident took place in Germany.  The Supreme Court will hand down judgment on 2 April 2014.

Disease: mesothelioma and a breach of common law duty

On the 12 and 13 February, the Supreme Court heard the second defendant’s appeal in McDonald v Department for Communities & Local Government & National Grid on the applicability of Regulation 2(a) of the Asbestos Industry Regulations 1931 to factories not engaged in the manufacture of asbestos products but making lagging paste for insulation in a power station and the cross-appeal as to whether the appellant was in breach of a statutory duty owed to the respondent under s 47 Factories Act 1937 because a substantial quantity of dust had been present on his visits.  Judgment is expected next month.

Insurance: indemnity, employers’ liability and mesothelioma

Procedure: CPR 3.9, relief from sanctions,late expert evidence and medical negligence claim

The defendants have appealed the order debarring them from relying upon expert evidence on the basis that they failed to comply with a direction for exchange of expert evidence.  We await the date for the appeal. Chambers v Buckinghamshire Healthcare NHS Trust (2013).

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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