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12 November 2010 / Rehana Azib
Issue: 7441 / Categories: Features , Personal injury
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A mixed bag

Rehana Azib reports on liability, protection & limitation

The eagerly anticipated judgment of the Court of the Appeal in the Employers’ Liability (EL) Trigger Litigation was handed down last month, the results of which were rather a mixed bag.

Insurers appealed against the decision of Burton J at first instance. The judge adopted a causation approach to the construction of the insurance policies and that were in force at the date of inhalation of asbestos dust which subsequently caused mesothelioma many years later, were liable to indemnify on the basis that injury was actually sustained and disease was contracted when it was caused ie at that time and not subsequently. The appellants relied on Bolton MBC v Municipal Mutual Insurance Limited [2006] 1 WLR 1492, [2006] All ER (D) 66 (Feb) in which injury was sustained or the disease was contracted when the employee actually suffered it, which would be at the time the disease manifested itself in the form of a tumour. It is worth bearing in mind, however, that Bolton concerned a policy of public liability insurance.

The appeal was allowed in

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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
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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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