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04 April 2012
Issue: 7509 / Categories: Case law , Law reports , In Court
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Insurance—Liability insurance—Employers liability

Durham v BAI (Run Off) Ltd (in scheme of arrangement) and other cases [2012] UKSC 14, [2012] All ER (D) 201 (Mar)

Supreme Court, Lord Phillips P, Lord Mance, Lord Kerr, Lord Clarke and Lord Dyson SCJJ, 28 Mar 2012

For the purposes of the employersí liability contracts in the instant cases, mesothelioma was ìsustainedî or ìcontractedî when the process that led to the disease was initiated as a result of the wrongful exposure of the employee to the asbestos fibre or fibres which caused the disease.
 
Six consolidated actions were specimen proceedings brought by the claimants against the defendant insurers to resolve issues relating to cases where employees had suffered and died from mesothelioma resulting from inhalation of asbestos fibres during employment. The insurers of a public liability insurance policy whose wording spoke of injury occurring during the currency of the policy declined to pay out on the policies in force at the date of inhalation. They maintained that the insurer liable to meet such a claim was not the insurer who had insured the employer at the time the employee
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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