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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

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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