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

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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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