Archive for the 'industrial injuries' Category

Coalminer court actions set for ‘special hearing’ – Law Society’s Gazette

“All pending court actions brought by former coalminers who allege their solicitors did not claim adequate government compensation on their behalf have been suspended pending a special hearing in April, the Gazette has learned.”

Full story

Law Society’s Gazette, 27th January 2011

Source: www.lawgazette.co.uk

Threlfall v Hull City Council – WLR Daily

Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262

“In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of ‘effectiveness’ was at the heart of the issue of suitability.”

WLR Daily, 21st Octbober 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.

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

Asbestos victims await compensation ruling – The Independent

“Thousands of families bereaved by the asbestos cancer mesothelioma will discover this week whether insurance companies will compensate them for the deaths of their loved ones. The Court of Appeal will rule in a test case on Friday if insurers must pay out on company policies that existed when people were exposed to the deadly dust.”

Full story

The Independent, 3rd 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

Ex-miners claim injuries were under-compensated – BBC News

“A group of former miners who suffered industrial injuries are claiming they received inadequate compensation from a government scheme.”

Full story

BBC News, 18th August 2010

Source: www.bbc.co.uk


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