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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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