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06 December 2018 / Vijay Ganapathy
Issue: 7820 / Categories: Features , Personal injury , Employment
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Problems on an industrial scale

Vijay Ganapathy considers how courts are tackling the issues associated with the treatment & costs of industrial diseases

  • New treatment options for mesothelioma sufferers.
  • Scope of vicarious liability.

The last few months have seen the courts determining some interesting issues relating to industrial disease. The Court of Appeal also considered whether to overturn a first instance decision on vicarious liability.

Immunotherapy

Starting with industrial disease, a topic currently attracting considerable attention in many asbestos disease cases is immunotherapy and how the costs of this relatively new treatment can be recovered by claimants.

Exposure to asbestos can cause mesothelioma which is a terminal cancer affecting the lining of the lungs. The choice of treatment for this condition has been quite limited so the possibility of undergoing immunotherapy has given many sufferers considerable hope.

Immunotherapy has been available for treatment of other types of cancer and recently, the National Institute for Health and Care Excellence (NICE) approved the use of two immunotherapy drugs for lung cancer patients. NICE are yet to provide similar approval for mesothelioma which means sufferers either have

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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
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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