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10 December 2009 / Rehana Azib
Issue: 7397 / Categories: Features , Personal injury
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Asbestos exposure

Rehana Azib explains why 2009 has been a bad year for defendants

There has been a flurry of recent asbestos exposure related cases providing largely good news for claimants in the context of the burden of proving causation and risk.

In Diane Willmore v Knowsley Metropolitan Borough Council [2009] EWCA Civ 1211, [2009] All ER (D) 209 (Nov) the Court of Appeal was asked to address the questions of the burden of proof a claimant must surmount in order to establish material or substantial contribution to the risk of harm. It was held that there was no such thing as a safe dose of asbestos and therefore it was insufficient to eliminate one source of exposure to asbestos if another remained.

The circumstances of asbestos exposure in this case are unusual in that they do not involve exposure in the course of employment. The claimant was a former pupil of the defendant local authority school. There were three circumstances in which the trial judge had found that the claimant had been exposed to a risk

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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