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13 January 2012 / Elizabeth Carley
Issue: 7496 / Categories: Features , Damages , Personal injury
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Divided loyalties?

Will natural sympathy for asbestos sufferers trump policy concerns? Elizabeth Carley reports

Asbestos litigation to date has tended to focus on injury to industrial workers, as it was in industrial settings that exposure was greatest. But much lower levels of exposure can cause injury or death. There is increasing potential for litigation arising from lower level exposure in non industrial settings, for example in schools. How will the courts grapple with this? The recent Court of Appeal decision in Williams v University of Birmingham [2011] EWCA Civ 1242, [2011] All ER (D) 25 (Nov) highlights some of the issues.

Williams

Williams concerned low level exposure to asbestos and whether reasonable foresight of harm is necessary for a finding of breach of duty. Mr Williams was a student at Birmingham University. In 1974 he undertook a series of physics experiments in a basement tunnel containing asbestos lagged pipes. At trial, the university accepted that Williams had been exposed to low levels of asbestos. They argued, however, that this exposure was not a breach of

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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