Asbestos
North of the border: Encouraging signs for new guidelines
The recent case of Lydia Kelly v Upper Clyde Shipbuilders marked the first decision of a jury on bereavement damages since the Inner House laid down new procedural guidelines for jury trials in the case of Hamilton v Ferguson Transport (Spean Bridge) …
Law firms attack mesothelioma victims scheme for excluding other asbestos sufferers
Law firms have attacked the government's plans for a mesothelioma victims support scheme that excludes other asbestos sufferers.
Apil: Mesothelioma scheme is 'missed opportunity'
The Association of Personal Injury Lawyers has spoken of its disappointment that the government's proposal for a support scheme for mesothelioma victims "stops short" of providing full compensation.
DWP launches insurer-funded support scheme for mesothelioma victims
Newly diagnosed victims of mesothelioma who are unable to claim compensation because they cannot trace a liable employer or employers’ liability insurer will receive help from today through an insurer-funded support scheme.
Wait goes on for industrial disease victims' compensation
A specialist industrial disease lawyer has called for greater urgency to redress the fact that victims of asbestos-related illnesses are still dying without compensation - two years after the government finished consulting on plans to set up an insurance…
Laspo Bill gains Royal Assent, but frustrations and issues remain unresolved
Following last week's parliamentary 'ping pong' of the Legal, Aid, Sentencing and Punishment of Offenders Bill, the controversial legislation is finally set for the statute book, having been granted Royal Assent on 1 May.
Landmark asbestos ruling puts an end to EL 'black hole' concerns
Supreme Court judgment means run-off firms cannot avoid liability.
Post magazine - 5 April 2012
The latest issue of Post is now available to subscribers as a digital and interactive e-book.
DWF and Buller Jeffries set for May merger
DWF and Buller Jeffries have today become the latest in a line of insurance specialist law firms to announce their merger. The firms revealed that they will join forces on 1 May 2012, when Buller Jeffries will be formally incorporated into DWF.
UK Supreme Court rules on asbestos trigger
The UK Supreme Court has put an end to years of uncertainty regarding asbestos payouts, ruling that the trigger date for mesothelioma claims is the date of exposure.
EL trigger litigation: ABI "pleased" with judgment
Association of British Insurers said strict timelines could be underpinned by an online mesothelioma portal to improve the efficiency of the claims process.
EL trigger litigation: 'Live' insurer reponse
Zurich has applauded today's Supreme Court decision, which has deemed that all employers' liability policies should be interpreted on a causation basis.
EL trigger litigation: implications for insolvent insurers
Following this morning's Supreme Court judgment, the liquidators of insolvent insurers now have the certainty they sought on the correct trigger for employers' liability policies.
EL trigger litigation: implications for local authorities
Following today's Supreme Court ruling on the correct trigger for employers' liability policies, the 10 local authorities involved are entitled to indemnity from Municipal Mutual Insurance.
EL trigger litigation: implications for mesothelioma victims
The Supreme Court has finally given clarity on the meaning of the 'trigger' words in employers' liability insurance policies. Families of former employees suffering from the hideous disease of mesothelioma now have the comfort of knowing that insurance…
EL trigger litigation: the judgment
Today the Supreme Court put an end to years of uncertainty by ruling that the insurer on risk at the time of someone's exposure to asbestos is liable to pay compensation for their mesothelioma – regardless of the particular nuances of the employers'…
RMS launches specialist liability modeller
Modelling firm Risk Management Solutions has launched a liability modelling company in a joint venture with private investors.
Comment: ELTO is not fit for purpose
Improvements are needed to help people trace their insurance policies, says Peter Watson, managing partner at Simpson Miller.
Employers’ liability: A fund of last resort
The need for a fund of last resort for employers’ liability claims still divides the insurance community. While plans to create an Employers’ Liability Insurance Bureau have stalled, it still has supporters who are determined to see these proposals come…
Pleural plaques: The definition of harm
It is now possible to seek compensation for pleural plaques in both Scotland and Northern Ireland, but not in England and Wales. How will this impact the insurance industry?
Insurers to continue payouts for pleural plaques
Insurers remain committed to paying out on pleural plaques cases in Scotland and Northern Ireland, despite claims that the Damages Acts in both countries are “fundamentally flawed”.
Fight for compensation hits the Supreme Court
The long running litigation to determine the asbestos victims “trigger” point for employers’ liability cases has headed to the Supreme Court.
North of the Border: Clarification over mesothelioma awards
In Elizabeth Wolff & Others v John Moulds (Kilmarnock) & Weir Construction (2011), Lord Doherty considers recent jury and judicial awards in fatal claims and clarifies the value of section 1(4) awards in a mesothelioma claim, under the Damages (Scotland)…
Damages & asbestos: Contrast and compare
Two personal injury compensation disputes have used judicial review proceedings to challenge the substance of the law. Neither were successful but will they still have consequences?