Home > Legal Opinions tagged mesothelioma

  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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