Peter Taylor delves into why cases involving asbestos are now such a hot topic
Later this year, possibly next month, a highly significant judgment is set to be handed down. Known as the employers' liability (EL) trigger litigation, six cases were heard in the summer to determine the basis on which an insurer becomes liable for mesothelioma claims. These test cases represent the most recent development in a string of judgments which demonstrate how the systems of law in the UK are gradually catching up with the complex and potentially lethal issue of exposure to asbestos.
A brief history of asbestos
The fire- and friction-resistant properties of asbestos—and its unpleasant side effects on human beings—have been known about for centuries. Marco Polo allegedly encountered it in the form of woven materials known as “dragon cloth” in Central Asia. The versatility, durability and sheer availability of the mineral made it the material of choice in many processes and industries across the world.
Yet it was not until the 20th century that the full effects of asbestos on the