How To Understand The Legal Developments In Asbestos Claims
|
|
- Clifton Booker
- 3 years ago
- Views:
Transcription
1 Legal developments in asbestos claims Toby Scott Partner, BLM Stockton-on-Tees business services construction & property insurance & indemnity leisure media & technology public sector retail transport
2 Introduction 2008 Asbestos Working Party Report Breach of duty: Common law and statutory duties Light exposure and early exposure Evidential standards Minimal symptom claims
3 2008 Asbestos Working Party Report Why prepared? Relevance to us
4 Modelled male mesothelioma deaths and claims
5 2008 Asbestos Working Party Report continued UK mesothelioma 2003 to claims 1603 deaths claims (30% higher) 1897 deaths (18% higher)
6 2008 Asbestos Working Party Report continued Possible explanations? a. Each sufferer making claims to more insurance companies b. Greater levels of insurance coverage c. Reduction in delays d. Higher proportion of mesothelioma victims making claims
7 UK mesothelioma claims Theory D - higher proportion of mesothelioma victims making claims: 36% of all victims made an insurance claim in % of all victims made an insurance claim in 2007 Claimant to insurance claims figures have reduced from 1:2.4 to 1:2.1 in 4 from 2003 to 2007 NHS National Mesothelioma Framework In one specialist centre lifetime diagnosis increased from 50% to 95% over 8 years Younger victims more likely to claim
8 Occupational, Domestic & Environmental Mesothelioma risks in Britain Professor Peto & others March 2009: UK mesothelioma death rate highest in world. 1 in 40 of all cancer in men aged less than 80 1 in 170 of all men born in 1940s will die of mesothelioma Risk of mesothelioma 1 in 1000 from environmental exposure Exposure to amosite in building industry underestimated much higher in UK compared to US continued until 1980 s Britain was the largest importer of amosite Higher prediction of mesothelioma deaths?
9 2008 Asbestos Working Party Report continued Future projection HSE projection will underestimate deaths 10% increase in deaths projected 2000 to 2007 (20% more likely)
10
11 Breach of duty Context Some history Dates of knowledge (common law) 1930 Merewether & Price Report 1932 Asbestos Industry Regulations Newhouse & Thompson paper and Sunday Times article
12 Rule of thumb: The asbestosis range? What is it? Pre 1965 exposure within the range will be in breach Post 1965 all significant exposures likely to be in breach How useful?
13 Impact of statutory duties 1931 Asbestos Industry Regulations: 8+ hours exposure a week Applies to processes: - breaking, crushing, grinding - textile manufacture - slab or section manufacture - sawing, grinding, polishing as part of manufacture
14 Impact of statutory duties continued 1937 Factories Act s4 ventilation 1937 Factories Act s47 removal of dust or fumes
15 Do these duties override the rule of thumb? Ebbs v James Whitson & Co Ltd (1952) On the wording of section 4 it is immaterial whether the occupiers know or ought to have known that the dust might be injurious to health. Is the objective test sacrosanct?
16 A suggested rule of thumb Is it a factory? If yes is exposure significant / in excess of de minimis If no: Pre 1965 is exposure above the asbestosis range (intensity) Abraham v G Ireson & Son (Properties) Limited and Others Post 1965 is exposure significant?
17 Relative risk defence Exclude breach of statutory duties Post 1965 (1968) is exposure significant Breach must be causative relative risk defence Sienkewicz v Grief (25/11/08) Office working in contaminated building 18% increase in background risk What does this mean in practice?
18 Evidential standards Challenges for claimants Dead or untraceable workmates Ageing clients No documentation Confused working environment (occupiers, contractors, subcontractors in the workplace) The condition may be the only real evidence of exposure
19 Construction of a case and judicial inferences Earlier failure to report exposure is not fatal [Maggs v Anstey 2007] Use of indirect evidence and judicial inferences Role of engineer Compare Brett v Reading University [C.A., ] and Cox v Rolls Royce [C.A., ] Conclusion
20 Minimal symptom claims Pleural plaques and beyond Asymptomatic and pre-clinical DPT and asbestosis Cases to defend and how much to pay
21 Beddoes v Vinters Armstrong (2009) Diagnosis does not lead to automatic recovery Is the claimant appreciably worse off? Damage provides foundation for compensation for risk and anxiety Identifiable if subtle contribution to breathlessness even if detectable/noticeable by claimant and even if only on exertion can amount to damage a medical issue Beddoes 1.6% asbestos related disability and 5% risk of progression recovered 11,375 Cooksey small but identifiable contribution to additional breathlessness on activity, recovered 13,612.21
22 Quantum layers of damage Bottom layer 5,000 (provisionals) for symptomless condition Middle layer 4,000 supplement for symptoms and anxiety Upper layer Risk supplement = (final award on malignancy x risk) discount for accelerated receipt Final awards likely to approach if not exceed 15,000 and judge did not include all financial losses in the risk supplement
23 Analysis Analysis of middle layer seems flawed Anxiety was included in 5,000 provisional award Mr Beddoes received 4,000 for 1.6% disability Compare British Coal Compensation Scheme (index linked) and other sources % Disability Amount British Coal Compensation Scheme Equivalent (61-70) 1.6 4, , , , , , , , , ,020.00
24 Conclusion
Legal developments in asbestos claims
Legal developments in asbestos claims Toby Scott Partner, BLM Stockton-on-Tees Birmingham Cardiff Leeds Liverpool London Manchester Southampton Stockton-on-Tees 1 2008 Asbestos Working Party Report Why
More informationWilliams 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 informationASBESTOS DISEASES. Dr Alastair Robertson
ASBESTOS DISEASES Dr Alastair Robertson Occupational Health Department University Hospital Birmingham Birmingham B29 6JF 01216278285 Alastair.robertson@uhb.nhs.uk Occupational Lung Disease Unit Birmingham
More informationchemical poisoning. We work in a practical,
Our specialist team has a wealth of experience in dealing with claims arising from asbestos and chemical poisoning. We work in a practical, supportive & clear way, dedicated to gaining the best possible
More informationAsbestos 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 informationEstimates of the impact of extending the scope of the Mesothelioma payment scheme. December 2013
Estimates of the impact of extending the scope of the Mesothelioma payment scheme December 2013 Contents Introduction... 6 Background... 7 Estimated volumes and costs if the scheme started on particular
More informationPartial 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 informationPROOF OF CAUSATION A new approach in cancer cases
PROOF OF CAUSATION A new approach in cancer cases Andrew Axon Barrister Parklane Plowden Chambers Life is unpredictable 1 Gregg v Scott Non-Hogkin s lymphoma 9 months delay Injury = premature death due
More informationHamers S O L I C I T O R S. Jim Wyatt jwyatt@hamers.com. Freephone: 0800 591 999. 5 Earls Court, Priory Park, East, Hull HU4 7DY
Hamers S O L I C I T O R S Jim Wyatt jwyatt@hamers.com Freephone: 0800 591 999 5 Earls Court, Priory Park, East, Hull HU4 7DY Tel: 01482 326666 Fax: 01482 324432 www.hamers.com Hamers Solicitors LP is
More informationAsbestos Brochure. Jim Wyatt - jwyatt@hamers.com Stephen Ball - sball@hamers.com. Freephone: 0800 591 999. www.hamers.com
Jim Wyatt - jwyatt@hamers.com Stephen Ball - sball@hamers.com Freephone: 0800 591 999 5 Earls Court, Priory Park East, Hull, HU4 7DY Tel: 01482 326666 Fax: 01482 324432 Aspect Court, 47 Park Square East,
More informationFor your life. Asbestos and you. Expert advice Dedicated support Home visits. Lawyers ahead of the curve. www.withyking.co.
For your life Asbestos and you Expert advice Dedicated support Home visits Lawyers ahead of the curve Asbestos facts Millions of tonnes of asbestos were imported into the UK between the 1930s and 1970s.
More informationDamages (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 informationFBU ASBESTOS DATABASE
FBU ASBESTOS DATABASE What is the FBU Asbestos Database? The FBU Asbestos Database is an opportunity for all FBU members and former members to record details of exposure to asbestos in their work in order
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
More informationHealth 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 informationGUIDE TO PERSONAL INJURY TRUSTS
GUIDE TO PERSONAL INJURY TRUSTS Your guide to Personal Injury Trusts If you have been injured and are making a claim it could be some time before you are able to return to work or resume a normal life.
More informationNISG Asbestos. Caroline Kirton
NISG Asbestos Caroline Kirton 1 The Control of Asbestos Regulations 2012, Regulation 10 requires every employer to ensure that adequate information, instruction and training is given to their employees
More informationDisease/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 informationAsbestos 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 informationUK 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 informationMWR 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 informationApril 2011. Asbestos in the university and higher education sector
April 2011 Asbestos in the university and higher education sector Contents Introduction... 1 Executive summary... 1 Background to asbestos... 2 Closer look: Research report results, and their impact on
More informationSimon has been identified as a Leading Junior in Personal Injury work in each year since 2002.
Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:
More informationJustice 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 informationAsbestos Clauses Workgroup
Asbestos Clauses Workgroup Report to LUG conference Cambridge September 5 2006 Background market situation in 2002/2003 growing application of asbestos clauses concern at variety of clauses and the need
More informationAsbestos related disease compensation. no-one can change the past, but one of us could change your future
Asbestos related disease compensation no-one can change the past, but one of us could change your future Although asbestos was introduced into the UK in the 19th century, it s only in the last few decades
More informationYour Guide to Asbestos Related Disease Claims
Your Guide to Asbestos Related Disease Claims www.colemans-ctts.co.uk enquiries@colemans-ctts.co.uk 100 Talbot Road, Stretford, Manchester M16 0PG 1-3 Union Street, Kingston-Upon-Thames, Surrey KT1 1RP
More informationHAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS
HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS Personal Injury Stephen Nye & Satinder Bains Partners Irwin Mitchell LLP, Birmingham FACTS AND FIGURES The number of cases of mesothelioma, caused by asbestos,
More informationRESPONSE 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 informationThe case for disregard
Industrial Injuries Disablement Benefit Industrial Injuries The case for disregard It seems utterly perverse that asbestos victims in receipt of IIDB, dying from mesothelioma, should have their means-tested
More informationMesothelioma and other lung diseases
Mesothelioma and other lung diseases Application for a payment Fill in this form if you suffer from diffuse mesothelioma or another lung disease, or you were the partner of a sufferer who has died, or
More informationSimon has been identified as a Leading Junior in Personal Injury work in each year since 2002.
Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:
More informationMesothelioma 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 informationOccupational Disease Fatalities Accepted by the Workers Compensation Board
Occupational Disease Fatalities Accepted by the Workers Compensation Board Year to date, numbers as of 30, Occupational disease fatalities are usually gradual in onset and result from exposure to work-related
More informationAsbestos Disease Awareness. help
Asbestos Disease Awareness help Asbestos: Contents Asbestos Disease Awareness Contents What have I got Page 2 The five main types of asbestos How did I get it? Page 3 Can I get compensation? Pages 4/5
More informationTestimony of. Dr. James Crapo. April 26, 2005
Testimony of Dr. James Crapo April 26, 2005 Written Statement of Dr. James D. Crapo, Professor of Medicine, National Jewish Medical and Research Center and University of Colorado Health Sciences Center
More informationEmployers 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 informationAsbestos and the diseases it causes
Asbestos and the diseases it causes October 2013 Liz Darlison Mesothelioma UK University Hospitals of Leicester Contents What is asbestos Why is it such an issue in the UK Disease Statistics Asbestos Related
More informationConsultation Recovery of Medical Costs for Asbestos Diseases (Wales) Bill. Joint response from Unite Wales and GMB Wales & South West trade unions
General Consultation Recovery of Medical Costs for Asbestos Diseases (Wales) Bill Joint response from Unite Wales and GMB Wales & South West trade unions 1. Is there a need for a Bill to allow recovery
More informationDraft Pre Action Protocol for claims for damages for mesothelioma
Draft Pre Action Protocol for claims for damages for mesothelioma Contents Introduction...2 1. Overview of Protocol General Aim...2 2. Intimation Letter...2 3. Letter of Claim...3 4. Defendant's Response...4
More informationHow To Get Compensation From The Kgalagadi Relief Trust
FREQUENTLY ASKED QUESTIONS about the claims process 1. Who qualifies to claim? Mine workers who were exposed to asbestos from qualifying operations and who have developed an asbestos related disease. 2.
More informationthe compensation myth
the compensation myth The Compensation Myth It is common to hear stories of the Compensation Culture or claims that Britain is becoming Risk Averse as a result of people claiming compensation. The truth
More informationASBESTOSIS AND DIFFUSE PLEURAL THICKENING: A guide to compensation
ASBESTOSIS AND DIFFUSE PLEURAL THICKENING: A guide to compensation This guide has been produced by Moore Blatch LLP. This guide is intended to set out general information, it is not intended to be a replacement
More informationDeath claim form dependant Return to Work Act
Form Death claim form dependant Return to Work Act This claim form is to claim for compensation following the work-related death of a worker under Northern Territory workers compensation legislation. A
More informationUncertain 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 informationAsbestos and Mesothelioma a briefing document for the Metropolitan Police
Asbestos and Mesothelioma a briefing document for the Metropolitan Police Prepared by Professor John Cherrie, Heriot Watt University, Edinburgh, UK. Introduction The purpose of this document is to provide
More informationComplementary Cancer Care Trust Information and Supportive Therapies For People with Life-affecting Illnesses Registered Charity 1083066
Complementary Cancer Care Trust Information and Supportive Therapies For People with Life-affecting Illnesses Registered Charity 1083066 Serves the Borough of Bexley, South East London, And North Kent
More informationMesothelioma and asbestos claims
Mesothelioma and asbestos claims Our solicitors have been helping victims of mesothelioma and asbestos diseases and their families for over 30 years. Field Fisher Waterhouse is a law firm with one of the
More informationMs. Jennifer L. Biggs
Testimony of Ms. Jennifer L. Biggs June 4, 2003 Committee on the Judiciary United States Senate Solving the Asbestos Litigation Crisis: S.1125, the Fairness in Asbestos Injury Resolution Act of 2003 June
More informationAsbestos Health Risks. Dr Andrew Pengilley Acting Chief Health Officer
Asbestos Health Risks Dr Andrew Pengilley Acting Chief Health Officer Asbestos Asbestos is a name given to several different fibrous minerals Three main commercial types are Chrysotile (white asbestos)
More informationFIGHTING FOR YOU. Asbestos and dust diseases
FIGHTING FOR YOU Asbestos and dust diseases The sad legacy of years of exposure to asbestos, both in commercial and industrial situations, and at home, has left a terrible number of South Australians either
More informationAsbestos Diseases. What Is Asbestos?
1 Asbestos Diseases What Is Asbestos? Asbestos is a term applied to a group of minerals formed into rock and mined in a similar way to coal. In this form, asbestos is made up of strong, fine and flexible
More informationLegCo Panel on Manpower. A proposal to make mesothelioma a compensable disease under the Pneumoconiosis (Compensation) Ordinance
LC Paper No. CB(2)310/07-08(03) For discussion on 15 November 2007 LegCo Panel on Manpower A proposal to make mesothelioma a compensable disease under the Pneumoconiosis (Compensation) Ordinance Purpose
More informationEmployer s Liability in a Practical Context
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An
More informationOccupational respiratory diseases due to Asbestos. Dirk Dahmann, IGF, Bochum
Occupational respiratory diseases due to Asbestos Dirk Dahmann, IGF, Bochum Contents Introduction Diseases Further Effects Preventive Strategies Conclusion Asbestos minerals Woitowitz, 2003 Imports (+
More informationFatal Asbestos Claims
Fatal Asbestos Claims A guide to compensation Spring 2007 We are solicitors who specialise in fatal asbestos claims. Over the past 20 years we have helped hundreds of families recover compensation. What
More informationLEXIS 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 informationMesothelioma mortality in Great Britain 1968-2009. Summary 2. Overall scale of disease including trends 3. Region 6. Occupation 7
Health and Safety Executive Mesothelioma Mesothelioma mortality in Great Britain 1968-2009 Contents Summary 2 Overall scale of disease including trends 3 Region 6 Occupation 7 Estimation of the future
More informationBEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G201612 CLENTON R. CASH, EMPLOYEE
BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G201612 CLENTON R. CASH, EMPLOYEE ALCOA, INC., EMPLOYER SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., INSURANCE CARRIER/TPA CLAIMANT RESPONDENT
More informationHealth effects of occupational exposure to asbestos dust
Health effects of occupational exposure to asbestos dust Authors: N.Szeszenia-Dąbrowska, U.Wilczyńska The major health effects of workers' exposure to asbestos dust include asbestosis, lung cancer and
More informationLung cancer and asbestos
Lung cancer and asbestos Bureau Veritas Training Bill Sanderson For the benefit of business and people To begin with.. There are known knowns, that is there are things we know that we know. There are known
More informationNHS Barking and Dagenham Briefing on disease linked to Asbestos in Barking & Dagenham
APPENDIX 1 NHS Barking and Dagenham Briefing on disease linked to Asbestos in Barking & Dagenham 1. Background 1.1. Asbestos Asbestos is a general name given to several naturally occurring fibrous minerals
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. 2. Who can
More informationINJURY & 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 informationSpecialists 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 informationThis is the author s version of a work that was submitted/accepted for publication in the following source:
This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland
More informationMESOTHELIOMA: A GUIDE TO COMPENSATION
MESOTHELIOMA: A GUIDE TO COMPENSATION Contents What is mesothelioma and how is it caused? 4 Welfare benefits and a lump sum payment from the Department for Work and Pensions 5 Personal Independent Payment
More informationFrequently Asked Questions. What is asbestos? 2. How is asbestos harmful? 2. What illnesses does asbestos cause? 3
Duty to Manage Asbestos in Non-Domestic Premises Frequently Asked Questions Page What is asbestos? 2 How is asbestos harmful? 2 What illnesses does asbestos cause? 3 How many people die as a result of
More informationCost of Preferred (or more likely) Option. Net cost to business per year (EANCB on 2009 prices)
Title: Mesothelioma Payment Scheme IA No: Lead department or agency: DWP Other departments or agencies: MoJ Impact Assessment (IA) Date: 06/03/2014 Stage: Final Source of intervention: Domestic Type of
More informationADVICE to safety representatives
UNITE LEGAL SERVICES - TRUST YOUR UNION ADVICE to safety representatives Unite has launched a new asbestos campaign aiming to: Raise members awareness of asbestos hazards at work Provide advice to Unite
More informationLegal Update: Courts, Claims and Costs. Andrew Gilmour Partner BLM 10th December 2014
Legal Update: Courts, Claims and Costs Andrew Gilmour Partner BLM 10th December 2014 Legal Update 1. Increasing Value of Fatal Claims in Scotland 2. The Court Reform Act 3. Costs Reforms 4. Insurance Bill
More informationYes 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 informationFREQUENTLY ASKED QUESTIONS about asbestos related diseases
FREQUENTLY ASKED QUESTIONS about asbestos related diseases 1. What are the main types of asbestos lung disease? In the human body, asbestos affects the lungs most of all. It can affect both the spongy
More informationDisease: 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 informationLUNG CANCER AND ASBESTOS: A GUIDE TO COMPENSATION
LUNG CANCER AND ASBESTOS: A GUIDE TO COMPENSATION Contents Introduction 4 Welfare benefits and a lump sum payment from the Department for Work and Pensions 5 Personal Independence Payment and Attendance
More informationGovernment lump sum payments for mesothelioma and other lung diseases
Government lump sum payments for mesothelioma and other lung diseases All victims of mesothelioma are entitled to a prompt lump sum payment from the Department for Work and Pensions (DWP) provided they
More informationMesothelioma care guide
Following your diagnosis of mesothelioma, this is a practical, supportive and clear guide on what to do next. Supporting clients with mesothelioma for over twelve years, our Kent-based team has the knowledge
More informationSPONTANEOUS MESOTHELIOMA DATA: AN INTERPRETATION. Robin Howie, Robin Howie Associates, Edinburgh.
SPONTANEOUS MESOTHELIOMA DATA: AN INTERPRETATION Robin Howie, Robin Howie Associates, Edinburgh. SPONTANEOUS MESOTHELIOMA MESOTHELIOMA DEATHS HSE (2003a) estimated there are about 26 spontaneous deaths
More informationRESPONSE 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 informationMesothelioma & Asbestos Disease Claims
www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Mesothelioma & Asbestos Disease Claims A guide for clients Head and shoulders above the rest in terms
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Gain expert help & advice ERWIN SOHN Partner Great People. Great Results. Great Value. 2 Personal injury claims If you are injured in an accident, your first priority is access to
More informationSimon has been identified as a Leading Junior in Personal Injury work in each year since 2002.
Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Clinical Negligence Professional Negligence PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com
More informationOccupational Disease Fatalities Accepted by the Workers Compensation Board
Occupational Disease Fatalities Accepted by the Workers Compensation Board Year to date, numbers as of Occupational disease fatalities are usually gradual in onset and result from exposure to work-related
More informationPOLICY 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 informationAustralian Government Asbestos Litigation Unit
Australian Government Asbestos Litigation Unit Review of the Dust Diseases Claims Resolution Process Legal Branch New South Wales Cabinet Office GPO Box 5341 SYDNEY NSW 2001 asbestosreview@cabinet.nsw.gov.au
More informationSupreme 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 informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Filed 4/21/99 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR GENERAL DYNAMICS CORP., Petitioner, v. No. B126555 (W.C.A.B. No. 96 LBO
More informationASBESTOS CONTRIBUTION ( INDIRECT ) CLAIM FORM
ASBESTOS CONTRIBUTION ( INDIRECT ) CLAIM FORM CELOTEX ASBESTOS SETTLEMENT TRUST Submit completed claims to: Celotex Asbestos Settlement Trust PO Box 1036 Wilmington, DE 19899-1036 Instructions for the
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1
More informationOn April 6, 2004, a Board Hearing Officer confirmed the Case Manager s findings.
1 CLAIM HISTORY AND APPEAL PROCEEDINGS: The Worker was employed in a coal mine operation from 1978 until 2001, primarily as a long wall electrician. He was also a member of the mine rescue team (a Drägerman
More informationALERT U.K. EMPLOYERS LIABILITY A GUIDE INTERNATIONAL WHAT IS EMPLOYERS LIABILITY INSURANCE?
INTERNATIONAL ALERT September 2011 Issue 55 www.willis.com U.K. EMPLOYERS LIABILITY A GUIDE Most U.K. employers are required by law to insure against liability for injury or disease to their employees
More informationEMERGING ISSUES IN INDUSTRIAL DISEASE CLAIMS. BY CHRIS PHILLIPS Solicitor
EMERGING ISSUES IN INDUSTRIAL DISEASE CLAIMS BY CHRIS PHILLIPS Solicitor 1 THE EMERGING ISSUES The Future Asbestos Battleground Noise Induced Hearing Loss An Occupational Cancer Epidemic? 2 EMERGING ISSUES
More informationAsbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005
Parliament of Australia Department of Parliamentary Services Parliamentary Library Information analysis and advice for the Parliament BILLS DIGEST 2 June 2005, nos.,175 176, 2004 05, ISSN 1328-8091 Asbestos-related
More informationJohn 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 informationOccupational Disease Fatalities Accepted by the Workers Compensation Board
Occupational Disease Fatalities Accepted by the Workers Compensation Board Year to date, numbers as of January 1, 2008 to December 31, 2008 Occupational disease fatalities are usually gradual in onset
More informationUpdate 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 informationCBH & Occupational Health
CBH & Occupational Health ANSWERS MYTHS Gerard McLaughlin CBH Project Director Health Putting it into figures Across All Industries Ill health accounts for over 80% of all work related deaths Health Putting
More informationBurns and Roe Asbestos Personal Injury Settlement Trust Claim Form
Burns and Roe Asbestos Personal Injury Settlement Trust Claim Form General Instructions for filing this Claim Form: This claim form must be completed as thoroughly as possible to ensure prompt resolution
More informationLUG Conference 7 th September 2010
LUG Conference 7 th September 2010 Towards an Employers' Liability Insurance Bureau? Alistair Kinley Head of Policy Development, BLM Business and legal risk services construction & property healthcare
More informationEmployers Liability Trigger Point Litigation
Employers Liability Trigger Point Litigation Peter Bennett Partner Employers Liability Team Dolmans Solicitors www.dolmans.co.uk peterb@dolmans.co.uk A. Introduction The Way We Were. Mesothelioma Fatal
More information