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Abrasive material

30 October 2008
Issue: 7343 / Categories: Features , Personal injury
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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

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

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The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
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