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12 November 2010 / Rehana Azib
Issue: 7441 / Categories: Features , Personal injury
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A mixed bag

Rehana Azib reports on liability, protection & limitation

The eagerly anticipated judgment of the Court of the Appeal in the Employers’ Liability (EL) Trigger Litigation was handed down last month, the results of which were rather a mixed bag.

Insurers appealed against the decision of Burton J at first instance. The judge adopted a causation approach to the construction of the insurance policies and that were in force at the date of inhalation of asbestos dust which subsequently caused mesothelioma many years later, were liable to indemnify on the basis that injury was actually sustained and disease was contracted when it was caused ie at that time and not subsequently. The appellants relied on Bolton MBC v Municipal Mutual Insurance Limited [2006] 1 WLR 1492, [2006] All ER (D) 66 (Feb) in which injury was sustained or the disease was contracted when the employee actually suffered it, which would be at the time the disease manifested itself in the form of a tumour. It is worth bearing in mind, however, that Bolton concerned a policy

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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