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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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