Archive for the 'asbestos' Category

Miner Ray Noble’s family wins Retford asbestos case – BBC News

“The family of a miner who died years after an experiment with asbestos coating in a pit have won compensation three years after his death.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council – WLR daily

“The special rule attributing causation to multiple defendants in mesothelioma cases also applied to a single defendant who, in breach of duty, exposed a victim to asbestos dust, where her only other known exposure was low level asbestos fibres in the general atmosphere and where she subsequently contracted the disease.”
WLR Daily, 10th March 2011
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

School asbestos compensation puts councils under pressure – The Guardian

“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

“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

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

“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

“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

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

“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

“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

“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

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

“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

“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

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

“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

“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

“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

“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

“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

“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

High Court begins hearing asbestos test case – The Times

“Families of workers who have died from the fatal asbestos-related disease, mesothelioma, launched a crucial High Court battle yesterday with insurers who say they are not liable to pay compensation.”

Full story

The Times, 4th June 2008

Source: www.timesonline.co.uk

Asbestos compensation case begins – BBC News

“A legal battle over compensation for asbestos victims is due to begin.”

Full story

BBC News, 3rd June 2008

Source: www.bbc.co.uk

Families seek compensation ruling for deaths linked to asbestos – The Guardian

“Redress for the families of thousands of workers killed by the fatal asbestos-related cancer mesothelioma hinges on the outcome of a nine-week high court battle which starts tomorrow.”

Full story

The Guardian, 2nd June 2008

Source: www.guardian.co.uk

Payout threat to asbestos cancer victims – The Observer

“Patients with an asbestos-related form of cancer who had been hoping for compensation now fear they will run out of time under new government rules on payouts.”

Full story

The Observer, 23rd March 2008

Source: http://observer.guardian.co.uk

Group challenges asbestos ruling – BBC News

“A group from Wales is campaigning for the UK government to overturn a decision to stop compensating people suffering from an industrial illness.”

Full story

BBC News, 27th February 2008

Source: www.bbc.co.uk

Claimant PI lawyers condemn asbestos ruling – Law Society’s Gazette

“Claimant personal injury lawyers have condemned last week’s House of Lords ruling that bars people who have developed pleural plaques after exposure to asbestos at work from suing employers for damages.”

Full story

Law Society’s Gazette, 25th October 2007

Source: www.lawgazette.co.uk


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