August
Articles matching "mesothelioma"
Living mesothelioma claims: 'lost years'
A £4m 'lost years' claim turned down in the High Court this week illustrates the differences that can exist between a claim brought by a still living claimant and one brought after death by dependents…
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Court of Appeal allows appeal in Bussey v Anglia Heating
Daren Charlton outlines today's findings in Bussey v Anglia Heating, considers how the judgment fits with the 2011 CA decision Williams v University of Birmingham and looks at where we stand in…
Read moreBreach of duty in mesothelioma claims: Williams remains binding
In a judgment dated 12 May 2017, His Honour Judge Yelton sitting as a deputy judge of the High Court made it clear that the Court of Appeal authority of Williams v University of Birmingham [2011] EWCA…
Read moreLiving mesothelioma claim: damages assessed in life, and more to follow after death
The recent decision of Judge Walden-Smith in Andreou v S Booth Horrocks & Sons Limited highlights the difficult task facing the judiciary in assessing the damages in a living mesothelioma claim.
Read moreThird Parties (Rights against Insurers) Act 2010: impact on disease claims
Legislation has been in place since the 1930s to try and protect the interests of claimants in their claims against insured persons who become insolvent. The Third Parties (Rights against Insurers)…
Read moreFactory asbestos exposure claim successfully defended
An employer has successfully defended a mesothelioma claim arising from exposure from cutting asbestos in a factory in the 1970s, even though this was a primary exposure case based on alleged breach…
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 moreSupreme Court judgment: Zurich Insurance plc UK Branch v International Energy Group Limited
This landmark ruling handed down by the Supreme Court, in which DWF represented Zurich in its successful appeal, will offer clarity to employers’ liability insurers and their insureds, as well as to…
Read moreMesothelioma claims: Government response to Justice Committee inquiry
The House of Commons Justice Committee has today published the Government’s response to its inquiry into mesothelioma claims.
Read moreDiffuse mesothelioma payment scheme levy for 2014 announced
The Diffuse Mesothelioma Payment Scheme (Levy) Regulations come into effect today as the DWP announced that the estimated levy for Year 1 would be £32 million.
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