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08 January 2010 / Rehana Azib
Issue: 7399 / Categories: Features , Personal injury
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Asbestos exposure

Rehana Azib explains why 2009 was a bad year for defendants

n Karen Sienkiewicz (Administratrix of the Estate of Enid Costello, Deceased) v Greif (UK)Ltd [2009] EWCA Civ 1159, the Court of Appeal examined the issue of causation in the context of the Compensation Act 2006 (CA 2006), s 3.

The court at first instance had ordered that the claim for damages for death due to mesothelioma be dismissed where the claimant had been an office worker at a steel-drum factory. Asbestos dust had been released during the manufacturing process and the deceased’s duties had taken her all over the factory, including the areas that had been contaminated by asbestos.

Furthermore, she had been exposed to a low level of asbestos dust in the general atmosphere, along with other inhabitants in her local area.

The total tortious exposure was found to be modest compared with the total environmental exposure and had not more than doubled the risk of non-tortious exposure.

An appeal was made on behalf of the deceased that all that had to be

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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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