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14 October 2010
Issue: 7437 / Categories: Legal News
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Asbestos claim uncertainty

Confusion as appeal judges rule on mesothelioma victims’ claims

Employers, insurers and families of asbestos victims face uncertainty after a “deeply troubling” ruling on mesothelioma liability.

The Court of Appeal judgment in the EL Trigger litigation, handed down last Friday, considers which insurer should meet a mesothelioma claim resulting from historic asbestos exposure.

Confusingly, there was a lack of consensus among the three judges. According to the court, liability will depend on the wording of the policy involved. In some cases the relevant policy will be the one in force when the tumour started to develop, while for others it will be the policy in place at the time of exposure.

Both claimant and defendant lawyers have criticised the judgment.
Henry Bermingham, public sector partner at Berrymans Lace Mawer LLP, who represented defendants in the case, says that private companies, the public sector and their insurers hoped for “clarity and certainty” on who was liable to compensate victims of asbestos exposure.

“However, in the extraordinary judgment which spanned more than 160 pages, the waters have been muddied somewhat.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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