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04 April 2012
Issue: 7509 / Categories: Case law , Law reports , In Court
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Insurance—Liability insurance—Employers liability

Durham v BAI (Run Off) Ltd (in scheme of arrangement) and other cases [2012] UKSC 14, [2012] All ER (D) 201 (Mar)

Supreme Court, Lord Phillips P, Lord Mance, Lord Kerr, Lord Clarke and Lord Dyson SCJJ, 28 Mar 2012

For the purposes of the employersí liability contracts in the instant cases, mesothelioma was ìsustainedî or ìcontractedî when the process that led to the disease was initiated as a result of the wrongful exposure of the employee to the asbestos fibre or fibres which caused the disease.
 
Six consolidated actions were specimen proceedings brought by the claimants against the defendant insurers to resolve issues relating to cases where employees had suffered and died from mesothelioma resulting from inhalation of asbestos fibres during employment. The insurers of a public liability insurance policy whose wording spoke of injury occurring during the currency of the policy declined to pay out on the policies in force at the date of inhalation. They maintained that the insurer liable to meet such a claim was not the insurer
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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