Home > Legal Opinions tagged mesothelioma
not all mesothelioma claims result in a payment
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 […]
MOJ mesothelioma reform consultation not good enough to support fu...
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, […]
claimant is allowed two bites at the cherry!
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 […]
Mesothelioma claims no longer exempt from LAPSO effect
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 […]
mesothelioma case reaches a novel, but far reaching conclusion!
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 […]
Jackson reform u-turn on mesothelioma claims
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 […]
Supreme Court ruling brings clarity to employers’ liability ...
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 […]
Low exposure asbestos claims made easy?
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 […]