Home > Legal Opinions tagged mesothelioma

  • not all mesothelioma claims result in a payment

    Bridget Tatham

    The case of Macarthy v Marks & Spencer is a timely reminder that not all mesothelioma claims result in a payment. The deceased worked for a shop fitting company between 1967 and 1990 and contracted mesothelioma. It was accepted that his asbestos exposure took place on the premises of M&S but that it did not […]

    Read our legal opinion.

  • MOJ mesothelioma reform consultation not good enough to support fu...

    James Arrowsmith

    Last week the High Court found that the Lord Chancellor’s decision to extend the ban on recovery of success fees and ATE premiums to mesothelioma claims was unlawful. Political pressure meant mesothelioma claims were excluded from various measures brought in after Jackson’s review of costs. In relation to the ban on recovery of additional liabilities, […]

    Read our legal opinion.

  • claimant is allowed two bites at the cherry!

    Bridget Tatham

    In the recent decision of John Patrick Dowdall v (1) William Kenyon & Sons Ltd (2) Beca (Engineers) Ltd (3) Greenield & Payne Ltd (2014), the court decided 2 preliminary issues in favour of the claimant. Mr Dowdall had been exposed to asbestos throughout his employment with a number of employers. He issued a claim […]

    Read our legal opinion.

  • Mesothelioma claims no longer exempt from LAPSO effect

    Bridget Tatham

    It seems that the government is not for turning. Having revoked the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) exemption for mesothelioma cases last month, bringing this unfortunate tranche of claims into line with all claims from July 2014, the Justice Minister Shailesh Vara has announced that the MOJ will press on. The […]

    Read our legal opinion.

  • mesothelioma case reaches a novel, but far reaching conclusion!

    Bridget Tatham

    Mrs Haxton claimed under the Fatal Accidents Act (FAA) for damages following the death of her husband from mesothelima. Unfortunately she was also diagnosed with the disease, having washed her husband’s asbestos covered overalls throughout the years. Her life expectancy was no more than 6-12 months. Her FAA claim, unsurprisingly was reduced by that period […]

    Read our legal opinion.

  • Jackson reform u-turn on mesothelioma claims

    James Arrowsmith

    The Legal Aid Sentencing and Punishment of Offenders Bill received Royal Assent on 1 May. Though provisions on legal aid have received the most attention during its passage through Parliament, the part dealing with civil litigation funding sets the stage for sweeping reforms expected in April 2013. Headline measures are a ban on referral fees […]

    Read our legal opinion.

  • Supreme Court ruling brings clarity to employers’ liability ...

    Steven Conway

    The Supreme Court has ruled  that insurers on risk at the time of exposure to asbestos are liable to pay out on their employer’s liability (EL) policies. Insurers in run-off or provisional liquidation argued their specific EL contract wording meant that the policy in force at the time of exposure should not respond; it should […]

    Read our legal opinion.

  • Low exposure asbestos claims made easy?

    Bridget Tatham

    Lord Phillips handed down a detailed judgement in the cases of two women who died from mesothelioma following low level exposure to asbestos. Whilst the headlines rightly concentrate on the flood of low exposure claims which will undoubtedly follow, I was struck by the Supreme Court taking the time to set out in very clear […]

    Read our legal opinion.

Archives

Sectors

Opinions tagged as...

advertising Claims Laura Richards Hayley Roberts Public Sector further education NHS Department for Education Browne Jacobson Brands Richard Freeth litigation Ofsted Richard Nicholas Court of Appeal Nichola Evans Social Care Oliver Sweeney Mark Blois academies trade marks James Arrowsmith education employment child protection Dai Durbridge personal injury adult safeguarding employment tribunal Gemma Steele local authorities teachers Sarah Erwin-Jones free schools government schools copyright Browne Jacobson LLP Fiona Carter Intellectual Property