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27 November 2008
Issue: 7347 / Categories: Legal News , Damages , Insurance / reinsurance , Personal injury , Commercial
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Daylight in asbestos fight

Victory at last for asbestos sufferers in landmark battle for justice

A victory in the High Court for victims of asbestos related disease has removed the contradictions in the arguments of insurance firms and provided fairness for the claimants, say lawyers.

The case stemmed from the refusal of insurers to pay out in mesothelioma claims after the ruling in Bolton MBC v Municipal Mutual Insurance Ltd [2006] All ER (D) 66 (Feb), where it was held that in public liability insurance, the policy was triggered by the development of the disease—an argument insurers claimed should also be applied to employers’ liability claims.

However, in the “Employers’ Liability Policy ‘Trigger’ Litigation”, Mr Justice Burton found that the injury was sustained when it was caused and so the policies should be construed as such.

Peter Taylor, partner in the insurance and reinsurance practice at Lovells, says the ruling is a landmark in the long battle between the UK claimants and their employers’ insurance companies.

“Burton J found that exposure or the ‘date of inhalation’ was the  applicable trigger of employers’ liability coverage, as opposed

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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