Disease
Find out more about DWF's disease team
Discount Rate: Lord Chancellor sets rate at minus 0.25%
The Lord Chancellor has today announced the outcome of the first discount rate review under the new methodology provided for in the Civil Liability Act 2018.
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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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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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Failure to restore company to the register: appeal judgment supports strike out of deafness claim in light of claimant's defaults
Patrick McBrien of DWF's disease team has succeeded in applying for this occupational deafness claim to be struck out and then more recently in resisting the claimant's appeal against the district…
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NIHL fundamental dishonesty finding
DWF working with Allianz Insurance has succeeded in obtaining a finding of fundamental dishonesty in a claim for noise induced hearing loss, where it emerged that the claimant had brought a similar…
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Court of appeal costs guidance where claimant fails to use MOJ portal
William MacKenzie outlines the findings in the recent Court of Appeal decision in Williams v The Secretary of State for Business, Energy and Industrial Strategy (2018)
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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…
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CJC proposals for fixed costs and improved claims handling for NIHL claims may link into new MoJ consultation on process reform
It was July 2015 when the Ministry of Justice asked the Civil Justice Council (CJC) to look into the increasing numbers and cost of NIHL claims. In September, the CJC published its long awaited report…
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Scotland Update
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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