Supreme Court confirms that pleural plaques are actionable in Scotland

Size: px
Start display at page:

Download "Supreme Court confirms that pleural plaques are actionable in Scotland"

Transcription

1 Insurance and reinsurance litigation e-bulletin 27 October 2011 Supreme Court confirms that pleural plaques are actionable in Scotland In a decision which has important ramifications for the UK insurance industry, the Supreme Court in Axa General Insurance Ltd & Ors v Lord Advocate & Ors [2011] UKSC 46 upheld the Scottish Parliament's right to legislate to reverse, in relation to Scotland, the decision of the House of Lords in Rothwell v Chemical & Insulating Co Ltd [2007] UKHL 39 that asymptomatic asbestos-related pleural plaques do not constitute actionable harm. As a result of this decision, those who have developed pleural plaques as a result of exposure to asbestos may now proceed with claims in negligence against their employers under the Damages (Asbestosrelated Conditions) (Scotland) Act 2009 ("the 2009 Act"), at substantial cost to their liability insurers. While the Supreme Court recognised that the purpose of the 2009 Act was "to create a new category of actionable bodily injury at enormous cost to insurers, estimated overall perhaps in billion of pounds", it accepted that the Scottish Parliament was competent to pass the legislation, which was also not susceptible to judicial review. Although the UK Government has declined to legislate on the issue (with the result that Rothwell remains good law in England and Wales), the Northern Ireland Assembly has passed a measure for Northern Ireland which is in materially identical terms to the 2009 Act. As matters stand, therefore, asbestosrelated pleural plaques are now actionable in certain parts of the UK but not in others. Background The 2009 Act came into force on 17 June 2009 and was intended to reverse the decision of the House of Lords in Rothwell v Chemical & Insulating Co Ltd in Scotland. In that case it was held that, because pleural plaques were asymptomatic and did not increase the likelihood of developing other asbestosrelated diseases or shorten life expectancy, the presence of pleural plaques in the lungs of those who had been exposed to asbestos (and any associated anxiety that asbestosis or mesothelioma may develop in due course) did not constitute an injury which was capable of giving rise to a claim for damages. This reflected the previously established common law position that neither the risk of injury nor the apprehension of its happening is actionable. The Government in Westminster responded to Rothwell by introducing an extrastatutory, "no-fault" scheme, limited to those diagnosed with pleural plaques who had previously raised claims for damages, under which such claimants would receive a one-off payment of 5,000, upon application made prior to 1 August Although Rothwell was a decision in an English appeal, there was no doubt that it had full force in Scotland and Northern Ireland where the same legal Contacts David Reston Partner Christopher Foster Partner Charles Weston- Simons Associate Related links Herbert Smith website Herbert Smith insurance and reinsurance dispute resolution pages Herbert Smith insurance and reinsurance publications

2 principles applied. In contrast to the approach taken by the UK Government, however, the Scottish Parliament and, later on, the Northern Ireland Assembly, legislated to reverse it. The 2009 Act was thus passed in Scotland, providing at section 1 that: " (1) Asbestos-related pleural plaques are a personal injury which is not negligible. (2) Accordingly, they constitute actionable harm for the purposes of an action of damages for personal injuries. (3) Any rule of law the effect of which is that asbestos-related pleural plaques do not constitute actionable harm ceases to apply to the extent it has that effect. (4) But nothing in this section otherwise affects any enactment or rule of law which determines whether and in what circumstances a person may be liable in damages in respect of personal injuries." The 2009 Act contained further provisions at section 2 dealing with asymptomatic asbestos-related pleural thickening and asbestosis, replicating the section 1 regime in relation to these further conditions. The 2009 Act also provided, at section 4(2), that "Sections 1 and 2 are to be treated for all purposes as having always had effect", giving the legislation full retrospective effect. The broad effect of the 2009 Act was therefore to treat pleural plaques as always having constituted actionable harm, provided that liability in negligence could be established in contrast to the position in Scotland prior to the 2009 Act. As was openly acknowledged by the Scottish Parliament, however, such claims would for the most part be brought against employers and in general met by their insurers pursuant to the Employers' Liability (Compulsory Insurance) Act That legislation required employers to maintain insurance in respect of liability for "bodily injury or disease" sustained by their employees and arising out of and in the course of their employment in the employer's business. In the face of the 2009 Act, a number of insurers brought proceedings in Scotland to challenge its lawfulness. This was said to be on the basis that it contravened the European Convention of Human Rights and was otherwise vulnerable to judicial review on the grounds of irrationality, unreasonableness or arbitrariness. Such action was, as Lord Reed would later remark, an attempt by insurers to overturn legislation which was "designed to deprive them of the fruits of their victory" in Rothwell. The claimant insurers were, however unsuccessful at first instance (in the Outer House) and then on appeal (in the Inner House). The latter decision was duly appealed to the United Kingdom Supreme Court, which has jurisdiction to hear appeals from civil cases in Scotland. Issues The insurers' appeal against the Inner House's rejection of their challenge to the lawfulness of the 2009 Act raised two issues, both of which in turn raised important constitutional questions about the amenability to challenge of Acts of the Scottish and other devolved Parliaments. The issues were as follows: 1. Whether the 2009 Act was incompatible with the insurers' rights under Article 1, Protocol 1 to the European Convention on Human Rights 1950 ("A1P1") and was in consequence outside the legislative competence of the Scottish Parliament by virtue of section 29(2(d) of the Scotland Act 1998 (which provides that a provision of any Act of the Scottish Parliament is outside its legislative competence in so far as it is incompatible with any of the Convention rights). 2. Whether the 2009 Act was open to judicial review on common law grounds as an unreasonable, irrational and arbitrary exercise of the legislative authority devolved on the Scottish Parliament by the Scotland Act In relation to the first issue, A1P1 provides that: "Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by the law and by the general

3 principles of international law. The preceding provisions shall not, however, in any way impair the right of a state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties." A1P1 is thus in substance a guarantee of the right to property. However, in order for a person to rely on this or any other Convention right in Scotland, it is first necessary for that person to show that he would have "victim status" for the purposes of Article 34 if proceedings were to be brought in the European Court of Human Rights (section 100(1) of the Scotland Act 1998). As articulated by Lord Hope in his judgment, the first issue thus fell to be determined by reference to three separate questions: (1) whether the insurers were victims for the purposes of Article 34, (2) if so, whether the interference with their possessions which the 2009 Act represented was in pursuit of a legitimate aim and (3) if so, whether the means chosen by the Scottish Parliament were reasonably proportionate to the aim sought to be realised. In relation to the second issue, it was common ground that this only arose if the Supreme Court accepted insurers argument that the 2009 Act was incompatible with A1P1. That said, and as Lord Hope acknowledged, the question of whether measures passed under devolved powers by the United Kingdom legislatures was a matter of very great constitutional importance...[going] to the root of the relationship between the democratically elected legislatures and the judiciary. Finally, the Supreme Court was required to consider whether the third to tenth respondents a number of individuals who had been diagnosed with pleural plaques caused by negligent exposure to asbestos and who had actions pending in the Scottish Courts had standing to participate in the insurers appeal. That issue did not go to the lawfulness of the 2009 Act but concerned the correct interpretation of certain Scottish procedural rules. Save to note that it was decided in the respondents favour, the issue is not considered further here. Decision In a unanimous decision, the Supreme Court held that the 2009 Act was compatible with the European Convention on Human Rights and was not otherwise susceptible to judicial review. 1. Compatibility with A1P1 In relation to the first issue, the Supreme Court had little difficulty rejecting the argument of the Lord Advocate (representing the Scottish Parliament) that insurers should not be considered victims because they would not be directly affected by the 2009 Act (rather, the effect of the 2009 Act was indirect because it only impacted on employers and insurers if liability could be established). Such argument was rejected, first, because the intended and actual effect of the 2009 Act was for the insurance industry to bear the burden of pleural plaque claims and, second, because the amount of money that insurers would be required to pay as a result of the 2009 Act was on any view a possession for the purposes of A1P1. The Supreme Court also accepted that the 2009 Act was enacted in pursuit of a legitimate aim. That aim was to eliminate what the Scottish Parliament perceived to be a social injustice occasioned by Rothwell and was to be tested by reference to the principle established in a long line of authorities that the Courts will respect a legislature s judgment as to what is in the public interest unless that judgment is manifestly without reasonable foundation. Applying what Lord Hope termed a margin of appreciation...accorded to national authorities the Supreme Court held that the Scottish Parliament s decision to legislate in the interests of those diagnosed with asbestos-related pleural plaques could not be considered unreasonable. A more difficult question to answer was whether the 2009 Act was proportionate, in the sense that it struck a fair balance between the general interests of the community and the protection of the insurers' fundamental rights. On this question, the focus of the insurers' arguments was the retrospective application of the 2009 Act, which not only reversed the common law position as conclusively established in Rothwell going forward, but also did so in respect of past conduct (a feature which, as noted in Bäck v Finland (2004) 40 EHRR 1184, requires "special justification").

4 While the judgments of the presiding law Lords placed different emphasis on the particular matters which determined this question, it was common ground that the 2009 Act was proportionate. Among the various judgments, however, the consideration that at the time the relevant policies were entered into it could not have been predicted whether asymptomatic pleural plaques would be treated as actionable was clearly influential. As Lord Mance explained, "Had the common law as established by Rothwell been clear when the relevant policies were written and the relevant employment occurred, or had it been possible for employers and/or insurers to show that they had in the meantime relied to a meaningful extent upon the law being held to be as it was ultimately held in Rothwell, the position would have looked very different". While Lord Hope preferred to think of the subsequent unfavourable development of the common law as a risk which insurers freely took upon themselves (an approach which Lord Mance rejected), the central importance of this consideration emerges from all of the judgments. Among the further matters that were considered relevant were that claims which the 2009 Act made possible would only succeed if fault could be established (Lord Hope), the fact that pleural plaques represented a physical change on account of the ingestion of asbestos fibres (Lord Brown) and the practice in the insurance market to concede that pleural plaques were actionable and to settle claims without admission of liability prior to Rothwell (Lord Reed). On the basis of these matters, the Supreme Court concluded that the 2009 Act was proportionate and therefore compatible with A1P1. 2. Susceptibility to judicial review In light of the decision on A1P1, the 2009 Act could not be said to have resulted from an unreasonable, irrational or arbitrary exercise of the Scottish Parliament's legislative authority. Nevertheless, the Supreme Court went on to conclude that Acts of the Scottish Parliament are amenable to judicial review because it is subordinate to the UK Parliament. However, while the Scottish Parliament was therefore subject to the jurisdiction of the Courts, the common law grounds of review did not apply (these having developed in relation to public bodies with limited administrative powers). Rather, the power of the Scottish Parliament to legislate was subject to the statutory limit contained in section 29(2)(d) of the Scotland Act 1998, which required Scottish legislation to be compatible with Convention rights. Comment While the nature of pleural plaques means the cost of this decision to employers' liability insurers is unclear, it was accepted by the Supreme Court that the 2009 Act "is calculated to create a new category of actionable bodily injury [in Scotland] at enormous cost to insurers, estimated overall perhaps in billions of pounds". While the 2009 Act provides that liability on the part of the employer must be established, the reality is that employees are unlikely to have difficulty satisfying this requirement. As a result of this decision, therefore, a very large number of claims will be established against employers, the cost of which will fall on their liability insurers. This fact was not lost on the Supreme Court, though this will come as cold comfort to those insurers who are affected. However, in the circumstances it was not felt that this outcome was inconsistent with insurers' Convention rights. Whereas the UK Parliament had previously passed retrospective legislation in the form of the Compensation Act 2006 to reverse the decision of the House of Lords in Barker v Corus UK Ltd [2006] 2 AC 572 in relation to mesothelioma claims, the 2009 Act goes further in relation to claims involving pleural plaques. Whereas the earlier Act made jointly and severally liable all those responsible for exposing to asbestos individuals who subsequently contracted mesothelioma, the 2009 Act makes actionable claims which would otherwise have failed. Not only that, but the 2009 Act has the effect of reversing, in relation to pleural plaque claims in Scotland, the well established principle that a personal injury claimant must be able to demonstrate actual injury in order to recover damages. The Supreme Court (and Lord Brown in particular) was conscious that, in this sense, the 2009 Act represented "a very great departure indeed" from the established principles recognised in Rothwell; however, ultimately, it was felt to be more significant that insurers did not underwrite insurance in the 1970s and 1980s on the basis of the law as it was subsequently established in Rothwell. Although the Government in Westminster has declined the opportunity to reverse Rothwell, preferring to implement a more limited extra-statutory scheme, the consequences of the Supreme Court's decision are unlikely to be confined to

5 Scotland. As set out above, the Northern Ireland Assembly has passed a measure that is in materially the same terms as the 2009 Act. For present purposes, therefore, the development of pleural plaques is actionable in certain parts of the United Kingdom but not in others an unsatisfactory situation that may well result in "forum shopping" by claimants where there is scope to establish Scottish jurisdiction. To subscribe or unsubscribe To enquire about further publications or to unsubscribe from this e-bulletin, please us, or visit the Herbert Smith website here. The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication. Herbert Smith LLP, Gleiss Lutz and Stibbe are three independent firms which have a formal alliance. Herbert Smith LLP 2011

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham [2012] UKSC 14, the test-cases

More information

Damages (Asbestos-related Conditions) Bill

Damages (Asbestos-related Conditions) Bill Research and Library Service 13 January 2010 Damages (Asbestos-related Conditions) Bill NIAR 644-10 This paper provides an overview and discussion of the Damages (Asbestos-related Conditions) Bill. Paper

More information

Human rights, property and the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill in the Supreme Court

Human rights, property and the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill in the Supreme Court Human rights, property and the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill in the Supreme Court Frankie McCarthy* The Recovery of Medical Costs for Asbestos Diseases (Wales) Bill was referred

More information

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos Justice Committee Courts Reform (Scotland) Bill Written submission from Clydeside Action on Asbestos In our view, the Court of Session should deal only with most complex and important cases and that most

More information

RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER-

RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER- RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) TO THE SCOTTISH GOVERNMENT CONSULTATION PAPER- Partial Regulatory Impact Assessment on a Proposed Bill to Reverse House of Lords Judgement in Johnston

More information

JUDGMENT. AXA General Insurance Limited and others (Appellants) v The Lord Advocate and others (Respondents) (Scotland)

JUDGMENT. AXA General Insurance Limited and others (Appellants) v The Lord Advocate and others (Respondents) (Scotland) Michaelmas Term [2011] UKSC 46 On appeal from: [2011] CSIH 31 JUDGMENT AXA General Insurance Limited and others (Appellants) v The Lord Advocate and others (Respondents) (Scotland) before Lord Hope, Deputy

More information

Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd

Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd The ABI s Response to the Scottish Government s Consultation 1.

More information

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 Alerter 24 th July 2015 Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the

More information

Health and Social Care Committee Recovery of Medical Costs for Asbestos Diseases (Wales) Bill RMCA12 Forum of Insurance Lawyers

Health and Social Care Committee Recovery of Medical Costs for Asbestos Diseases (Wales) Bill RMCA12 Forum of Insurance Lawyers Health and Social Care Committee Recovery of Medical Costs for Asbestos Diseases (Wales) Bill RMCA12 Forum of Insurance Lawyers Written submission to the National Assembly of Wales, Heath and Social Care

More information

Disease/Illness GUIDE TO PLEURAL PLAQUES. What are Pleural Plaques? www.simpsonmillar.co.uk Telephone 0844 858 3200

Disease/Illness GUIDE TO PLEURAL PLAQUES. What are Pleural Plaques? www.simpsonmillar.co.uk Telephone 0844 858 3200 GUIDE TO PLEURAL PLAQUES What are Pleural Plaques? The most common injury caused by asbestos exposure is pleural plaques, which appear as white or yellow thickening on the pleura. They often appear frequently

More information

Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill

Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill A proposal for a Bill to enable the Scottish Ministers to recover, from anyone responsible for paying compensation to a victim of asbestos-related

More information

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS).

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a society of solicitors acting for the victims of motor accidents, including those involving Personal

More information

Specialists in asbestos litigation

Specialists in asbestos litigation Specialists in asbestos litigation Patient information fact sheet about: Asbestos Compensation Claims Your guide and information pack to explain what financial help is available for those suffering from

More information

INFORMATION GATHERING EXERCISE ON PRE-ACTION PROTOCOLS. Response by Fraser W Simpson, Partner, Digby Brown LLP,

INFORMATION GATHERING EXERCISE ON PRE-ACTION PROTOCOLS. Response by Fraser W Simpson, Partner, Digby Brown LLP, SCOTTISH CIVIL JUSTICE COUNCIL INFORMATION GATHERING EXERCISE ON PRE-ACTION PROTOCOLS Response by Fraser W Simpson, Partner, Digby Brown LLP, Introduction I welcome this opportunity to provide my response

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra

Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra 02 May 2013 Agenda Update from the UK asbestos working party Background and Introduction Recap on

More information

Scottish Civil Justice Council Personal Injury Committee. Information Gathering Exercise on Pre Action Protocols

Scottish Civil Justice Council Personal Injury Committee. Information Gathering Exercise on Pre Action Protocols Scottish Civil Justice Council Personal Injury Committee Information Gathering Exercise on Pre Action Protocols Response from the Motor Accident Solicitors Society June 2014 Introduction This response

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

El Trigger Litigation. Note on Judgment from the Supreme Court. 28 March 2012. (or All s Well That Ends Well )

El Trigger Litigation. Note on Judgment from the Supreme Court. 28 March 2012. (or All s Well That Ends Well ) El Trigger Litigation Note on Judgment from the Supreme Court 28 March 2012 (or All s Well That Ends Well ) Background: 1. The Supreme Court heard the case between 5 th and 15 th December 2011. The Court

More information

JUDGMENT. RECOVERY OF MEDICAL COSTS FOR ASBESTOS DISEASES (WALES) BILL: Reference by the Counsel General for Wales

JUDGMENT. RECOVERY OF MEDICAL COSTS FOR ASBESTOS DISEASES (WALES) BILL: Reference by the Counsel General for Wales Hilary Term [2015] UKSC 3 JUDGMENT RECOVERY OF MEDICAL COSTS FOR ASBESTOS DISEASES (WALES) BILL: Reference by the Counsel General for Wales before Lord Neuberger, President Lady Hale, Deputy President

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

UK Asbestos Working Party

UK Asbestos Working Party GIRO conference and exhibition 2010 Robert Brooks, Darren Michaels, Andy Whiting and Stephen Robertson-Dunn UK Asbestos Working Party 12-15 October 2010 Introduction What has the Working Party done? Since

More information

John Greenway Baroness Turner Lord Brookman Lord Davies Lord Sheikh

John Greenway Baroness Turner Lord Brookman Lord Davies Lord Sheikh Subject: Compensation Bill new Clauses (re Asbestosis) Note of key matters: Attenders: Presenters APPG Others Justin Jacobs, Head of Liability, Motor & Risk Pricing at the ABI Graham Gibson, Director of

More information

Information Gathering Exercise on Pre-Action Protocols

Information Gathering Exercise on Pre-Action Protocols Information Gathering Exercise on Pre-Action Protocols May 2014 INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 15th January 2015 Issue: 047 Public liability The difference between a local authority s powers and its duties was examined in Foulds (Deceased) v Devon County Council [Lawtel

More information

Reform to Lost Years Damages in Mesothelioma Claims

Reform to Lost Years Damages in Mesothelioma Claims Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151

More information

Employers Liability Trigger Litigation

Employers Liability Trigger Litigation Employers Liability Trigger Litigation Following my preliminary note of the 11 th October 2010 I have now had an opportunity to study the decision in detail. This litigation was to decide what event would

More information

Proposed Recovery of Medical Costs for Asbestos Diseases Bill Consultation Response. On behalf of the Forum of Scottish Claims Managers

Proposed Recovery of Medical Costs for Asbestos Diseases Bill Consultation Response. On behalf of the Forum of Scottish Claims Managers Proposed Recovery of Medical Costs for Asbestos Diseases Bill Consultation Response On behalf of the Forum of Scottish Claims Managers The Forum of Scottish Claims Managers (FSCM) works to improve the

More information

Pleural plaques: obtaining social justice and equity in addressing compensation issues in Scotland

Pleural plaques: obtaining social justice and equity in addressing compensation issues in Scotland Discussion paper from the Occupational and Environmental Health Research Group Pleural plaques: obtaining social justice and equity in addressing compensation issues in Scotland Tommy Gorman Jim McCourt

More information

EXPLANATORY MEMORANDUM TO THE COMPENSATION ACT 2006 (CONTRIBUTION FOR MESOTHELIOMA CLAIMS) REGULATIONS 2006. 2006 No.

EXPLANATORY MEMORANDUM TO THE COMPENSATION ACT 2006 (CONTRIBUTION FOR MESOTHELIOMA CLAIMS) REGULATIONS 2006. 2006 No. EXPLANATORY MEMORANDUM TO THE COMPENSATION ACT 2006 (CONTRIBUTION FOR MESOTHELIOMA CLAIMS) REGULATIONS 2006 2006 No. 1. This explanatory memorandum has been prepared by Her Majesty s Treasury and is laid

More information

Mesothelioma Act 2014

Mesothelioma Act 2014 Mesothelioma Act 2014 CHAPTER 1 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 5.75 Mesothelioma Act 2014 CHAPTER 1 CONTENTS Diffuse Mesothelioma

More information

Third Parties (Rights against Insurers) Act 2010

Third Parties (Rights against Insurers) Act 2010 Third Parties (Rights against Insurers) Act 2010 CHAPTER 10 CONTENTS Transfer of rights to third parties 1 Rights against insurer of insolvent person etc 2 Establishing liability in England and Wales and

More information

THE HORNET S NEST REVISITED - THE DECISION OF THE SUPREME COURT IN SIENKIEWICZ

THE HORNET S NEST REVISITED - THE DECISION OF THE SUPREME COURT IN SIENKIEWICZ THE HORNET S NEST REVISITED - THE DECISION OF THE SUPREME COURT IN SIENKIEWICZ v GREIF; WILLMORE v KNOWSLEY MBC Fairchild kicked open the hornets nest. The House of Lords was confronted with several employers,

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 5th June 2014 Issue: 021 Civil Procedure/Service Of Claim Form There has been a run of cases relating to the service of claim forms and this continues with Kaki v National

More information

Yes No No Preference. Comments. Comments

Yes No No Preference. Comments. Comments 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil Courts Review if made compulsory? (Please tick as appropriate)

More information

Uncertain climate for UK claims

Uncertain climate for UK claims Uncertain climate for UK claims With the constantly evolving legal landscape many uncertainties surround the future exposure in the UK to asbestos claims. Robert Kingston and Deborah Johnstone of PRO Insurance

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

THE SUPREME COURT OF NEW HAMPSHIRE. APPEAL OF GEORGE D. GAMAS (New Hampshire Compensation Appeals Board)

THE SUPREME COURT OF NEW HAMPSHIRE. APPEAL OF GEORGE D. GAMAS (New Hampshire Compensation Appeals Board) NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme

More information

The Damages (Asbestos-related Conditions) (Scotland) Bill

The Damages (Asbestos-related Conditions) (Scotland) Bill The Damages (Asbestos-related Conditions) (Scotland) Bill 111t nh III ct i()11 Thesc :\re 111)'CUl11l11cnts upon the above Bill as introduced into the Scottish P:\rli:\Jlll'llt by thl~ Scottish C/uvcrl1menL

More information

An Introductory Guide to Rome II for Personal Injury Practitioners

An Introductory Guide to Rome II for Personal Injury Practitioners An Introductory Guide to Rome II for Personal Injury Practitioners An Introductory Guide from the International Practice Group Spring 2010 Charles Dougherty and Marie Louise Kinsler Introduction On 11

More information

From the Association of Personal Injury Lawyers (APIL)

From the Association of Personal Injury Lawyers (APIL) Written Evidence for the Committee for Finance and Personnel of the Northern Ireland Assembly Damages (Asbestos-Related Conditions) Bill From the Association of Personal Injury Lawyers (APIL) January 2011

More information

RESPONSE TO SCOTTISH CIVIL JUSTICE COUNCIL S INFORMATION GATHERING EXERCISE ON PRE- ACTION PROTOCOLS ON BEHALF OF THOMPSONS SOLICITORS

RESPONSE TO SCOTTISH CIVIL JUSTICE COUNCIL S INFORMATION GATHERING EXERCISE ON PRE- ACTION PROTOCOLS ON BEHALF OF THOMPSONS SOLICITORS RESPONSE TO SCOTTISH CIVIL JUSTICE COUNCIL S INFORMATION GATHERING EXERCISE ON PRE- ACTION PROTOCOLS ON BEHALF OF THOMPSONS SOLICITORS This response is specifically and only in relation to question 5 of

More information

WATERFRONT WORKERS (COMPENSATION FOR ASBESTOS RELATED DISEASES) ACT

WATERFRONT WORKERS (COMPENSATION FOR ASBESTOS RELATED DISEASES) ACT WESTERN AUSTRALIA WATERFRONT WORKERS (COMPENSATION FOR ASBESTOS RELATED DISEASES) ACT No. 84 of 1986 AN ACT to make special provision for payment of workers' compensation to certain waterfront workers

More information

QBE European Operations Professional liability

QBE European Operations Professional liability QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details

More information

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland March 2012 Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation

More information

I hope you enjoy reading this edition and welcome any feedback.

I hope you enjoy reading this edition and welcome any feedback. 23 January 2012 Disease Brief Welcome to the latest edition of Disease Brief, the quarterly publication from Kennedys Occupational Disease Unit, which features articles on a number of topical issues prepared

More information

Pleural Plaques. Consultation Paper CP 02/08. Published on 13 October 2008

Pleural Plaques. Consultation Paper CP 02/08. Published on 13 October 2008 Pleural Plaques Consultation Paper CP 02/08 Published on 13 October 2008 This consultation will end on 12 January 2009 Pleural Plaques This consultation exercise is being conducted by the Department of

More information

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division. Chapter 11

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division. Chapter 11 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division IN RE: GARLOCK SEALING TECHNOLOGIES LLC, et al., Debtors. 1 Case No. 10-BK-31607 Chapter 11 Jointly Administered

More information

Sienkiewicz v Greif (UK) Ltd: a cautionary tale for causation

Sienkiewicz v Greif (UK) Ltd: a cautionary tale for causation Sienkiewicz v Greif (UK) Ltd: a cautionary tale for causation In Sienkiewicz v Greif 1 (joined with Knowsley Metropolitan Borough Council v Willmore 2 ) the Supreme Court addressed the latest issue to

More information

MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases. Lawyers for life

MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases. Lawyers for life MWR Solicitors A legal guide HEALTH & SAFETY: Industrial diseases Lawyers for life CONTENTS Time Limits 4 Foreseeable Risk of Injury 4 Asbestos-Related Disease 4 - A Brief Insight 4 - Overview 5 - Pleural

More information

December 19, 2005. Honorable Arlen Specter Chairman Committee on the Judiciary United States Senate Washington, DC 20510. Dear Mr.

December 19, 2005. Honorable Arlen Specter Chairman Committee on the Judiciary United States Senate Washington, DC 20510. Dear Mr. CONGRESSIONAL BUDGET OFFICE U.S. Congress Washington, DC 20515 Douglas Holtz-Eakin, Director December 19, 2005 Honorable Arlen Specter Chairman Committee on the Judiciary United States Senate Washington,

More information

www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1

www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1 www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1 On 13 th March 2015 at 4pm, Mr Justice Phillips handed down judgment in conjoined cases, Dalton and others.v.british Telecommunications

More information

Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme

Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme www.fieldfisher.com/personalinjury Freephone 0800 358 3848 Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme A guide for clients Head and shoulders above the rest in terms of skills, experience

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

Asbestos Disease Claims

Asbestos Disease Claims Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.

More information

Edinburgh Research Explorer

Edinburgh Research Explorer Edinburgh Research Explorer Asbestos Related Conditions and the Idea of Damage in the Law of Delict Citation for published version: Hogg, M 2008, 'Asbestos Related Conditions and the Idea of Damage in

More information

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland Introduction As the representative body of Scotland s trade unions, STUC is keenly interested in ensuring that its affiliated

More information

International Energy Group Limited v. Zurich Insurance [2015] UKSC 33. Decision of the Supreme Court given on 20 May 2015.

International Energy Group Limited v. Zurich Insurance [2015] UKSC 33. Decision of the Supreme Court given on 20 May 2015. International Energy Group Limited v. Zurich Insurance [2015] UKSC 33 Decision of the Supreme Court given on 20 May 2015 Introduction IEGL concerns the scope of policy coverage of annual contracts of Employer

More information

HARMONISATION OF PERSONAL INJURY LAW IN THE EU

HARMONISATION OF PERSONAL INJURY LAW IN THE EU HARMONISATION OF PERSONAL INJURY LAW IN THE EU By Muhammed Haque He is a civil advocate with wide experience in the County Court, High Court and Court of Appeal. He has acted in arbitrations and adjudications,

More information

A response by the Association of Personal Injury Lawyers May 2014

A response by the Association of Personal Injury Lawyers May 2014 Scottish Civil Justice Council Information gathering exercise on pre-action protocols A response by the Association of Personal Injury Lawyers May 2014 Page 1 of 8 The Association of Personal Injury Lawyers

More information

Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms

Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee An interlocking package of reforms March 2012 Briefing for Members of the Legal Aid, Sentencing and Punishment of Offenders

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division. Chapter 11

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division. Chapter 11 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division IN RE: GARLOCK SEALING TECHNOLOGIES LLC, et al., Debtors. 1 Case No. 10-BK-31607 Chapter 11 Jointly Administered

More information

Asbestos Diseases Uncovered

Asbestos Diseases Uncovered Asbestos Diseases Uncovered Your complete download & keep guide to asbestos-related diseases. Their symptoms, causes and potential compensation payable Contents What is Asbestos? What diseases are caused

More information

Williams v University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 November 2011 Williams v University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 In a mesothelioma claim, the Court of Appeal (CA) found that the defendant was not in breach of duty

More information

Review of the Uninsured and Untraced Drivers Agreements

Review of the Uninsured and Untraced Drivers Agreements Review of the Uninsured and Untraced Drivers Agreements Covering letter The Secretary of State for Transport is a party with the Motor Insurers Bureau (MIB) to two agreements, the Uninsured Drivers Agreement

More information

INSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST

INSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST INSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST The Celotex Asbestos Settlement Trust (Celotex Trust) was established as a result of the bankruptcy of the Celotex Corporation

More information

Royaume-Uni Cour suprême. United Kingdom Supreme Court

Royaume-Uni Cour suprême. United Kingdom Supreme Court Colloque ACA Europe 15-17 Juin 2014 ACA Europe seminar 15-17 June 2014 Réponses au questionnaire sur la régulation économique Responses to the questionnaire on economic regulation Royaume-Uni Cour suprême

More information

1. Findings from the OFT Report on the UK market as a whole

1. Findings from the OFT Report on the UK market as a whole Briefing on Legal and Justice issues relating to the Cost of Car Insurance February 2012 1 Background The Consumer Council has continued its campaign to lower the cost of car insurance in Northern Ireland

More information

Education and Training Committee, 10 March 2011. Professional indemnity insurance. Executive summary and recommendations.

Education and Training Committee, 10 March 2011. Professional indemnity insurance. Executive summary and recommendations. Education and Training Committee, 10 March 2011 Professional indemnity insurance Executive summary and recommendations Introduction This paper appeared as a paper to note at the Council meeting on 10 February

More information

Disease: solving disputes post 1 April 2013

Disease: solving disputes post 1 April 2013 Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due

More information

Limiting liability for professional firms

Limiting liability for professional firms Limiting liability for professional firms Introduction Disputes can arise between providers of professional services and their clients or other (third) parties for a number of reasons. Limiting or excluding

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

INJURY & NEGLIGENCE SPECIALISTS Illnesses. Asbestos Illnesses

INJURY & NEGLIGENCE SPECIALISTS Illnesses. Asbestos Illnesses Asbestos Illnesses INJURY & NEGLIGENCE Asbestos SPECIALISTS Illnesses Injury & Negligence I was totally satisfied with my solicitors service, it was First Class. Quote about Pannone part of Slater & Gordon,

More information

ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill

ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill The Associated Society of Locomotive Engineers and Firemen (ASLEF) is the UK s largest train driver s union representing approximately

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS A consultation paper produced by the Department for Constitutional Affairs RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES July 2007

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

POLICY TRIGGERS, APPORTIONMENT AND ALLOCATION. Leigh-Ann Mulcahy QC. Introduction

POLICY TRIGGERS, APPORTIONMENT AND ALLOCATION. Leigh-Ann Mulcahy QC. Introduction POLICY TRIGGERS, APPORTIONMENT AND ALLOCATION Leigh-Ann Mulcahy QC Introduction The EL Policy Trigger Litigation (Durham v BAI (2012)) EL Apportionment Uninsured periods and solvent employers Allocation

More information

EL TRIGGER IN THE SUPREME COURT: WHAT HAPPENED AND WHAT S NEXT?

EL TRIGGER IN THE SUPREME COURT: WHAT HAPPENED AND WHAT S NEXT? EL TRIGGER IN THE SUPREME COURT: WHAT HAPPENED AND WHAT S NEXT? 1. The Supreme Court's decision in the EL Trigger test cases (BAI (Run Off) v Durham [2012]UKSC14) reinstates the practice of employers liability

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Unite the Union

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Unite the Union Justice Committee Courts Reform (Scotland) Bill Written submission from Unite the Union In our view the Court of Session should deal with only the most complex and important cases and the most routine

More information

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this

More information

Prohibitive Expense in Environmental Cases

Prohibitive Expense in Environmental Cases Prohibitive Expense in Environmental Cases Friends of the Earth Scotland and Environmental Law Centre Scotland briefing Introduction June 2013 In Scotland, as throughout the UK, raising challenges to environmental

More information

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS 1 Interpretation 2 Savings 3 Apportionment of liability where contributory negligence 4 Defence of common employment abolished

More information

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 LC Paper No. CB(2)2582/03-04(01) Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 Review of Professional Indemnity Scheme of

More information

Government responsibility for the already known carcinogen, Asbestos

Government responsibility for the already known carcinogen, Asbestos Government responsibility for the already known carcinogen, Asbestos June 4, 2015 ICOH2015 Special Session Asbestos Problems in Asia Sugio FURUYA Japan Occupational Safety and Hearth Resource Center (JOSHRC)

More information

Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014

Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014 Consultation Response Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014 The Law Society of Scotland 2013 Introduction The Law Society of Scotland aims

More information

LEXIS NEXIS WEBINAR 17.9.13 ASBESTOS UPDATE THE SHIFTING SANDS OF CAUSATION

LEXIS NEXIS WEBINAR 17.9.13 ASBESTOS UPDATE THE SHIFTING SANDS OF CAUSATION LEXIS NEXIS WEBINAR 17.9.13 ASBESTOS UPDATE THE SHIFTING SANDS OF CAUSATION INTRODUCTION: 1. The issue of causation has long been and continues to be a difficult one for industrial disease claims, and,

More information

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing

More information

The T&N UK Asbestos Trust and The T&N EL Trust

The T&N UK Asbestos Trust and The T&N EL Trust The T&N UK Asbestos Trust and The T&N EL Trust Trustee s Annual Report 2011 The T&N UK Asbestos Trust and The T&N EL Trust Trustee s Annual Report 2011 Contents 1 Introduction... 1 1.1 Executive summary...

More information

Agenda. Charity and Community Facts and Figures. The different types of organisation in this sector? The overall market size and profile

Agenda. Charity and Community Facts and Figures. The different types of organisation in this sector? The overall market size and profile Ecclesiastical Insurance Group plc 2006 Agenda Charity and Community Facts and Figures The different types of organisation in this sector? The overall market size and profile Specific Underwriting Considerations

More information

AN END TO BEING KNOCKED OUT ON PENALTIES?

AN END TO BEING KNOCKED OUT ON PENALTIES? BRIEFING AN END TO BEING KNOCKED OUT ON PENALTIES? NOVEMBER 2015 ON 4 NOVEMBER 2015 THE RULE AGAINST PENALTIES IN COMMERCIAL CONTRACTS CAME UNDER THE SCRUTINY OF A SEVEN JUDGE PANEL OF THE SUPREME COURT.

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Pg. 01 French v Carter Lemon Camerons LLP

Pg. 01 French v Carter Lemon Camerons LLP Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited

More information

2014 No. 2604 (L. 31) TRIBUNALS AND INQUIRIES. The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

2014 No. 2604 (L. 31) TRIBUNALS AND INQUIRIES. The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 S T A T U T O R Y I N S T R U M E N T S 2014 No. 2604 (L. 31) TRIBUNALS AND INQUIRIES The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 Made - - - - 24th September

More information

Consultation on a proposed Apologies (Scotland) Bill

Consultation on a proposed Apologies (Scotland) Bill Consultation on a proposed Apologies (Scotland) Bill A response by the Association of Personal Injury Lawyers September 2012 Introduction The Association of Personal Injury Lawyers (APIL), a not-for-profit

More information

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2015 Draft

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2015 Draft Published 8th September 2015 SP Paper 782 47th Report, 2015 (Session 4) Web Delegated Powers and Law Reform Committee The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment

More information

CONSULTATION RESPONSE BY THOMPSONS SOLICITORS SCOTLAND

CONSULTATION RESPONSE BY THOMPSONS SOLICITORS SCOTLAND CONSULTATION RESPONSE BY THOMPSONS SOLICITORS SCOTLAND SCOTTISH GOVERNMENT CONSULTATION ON THE DRAFT ORDER IN COUNCIL FOR THE TRANSFER OF SPECIFIED FUNCTIONS OF THE EMPLOYMENT TRIBUNAL TO THE FIRST TIER

More information