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No fighting back?

17 March 2011 / Jonathan De Rohan
Issue: 7457 / Categories: Features , Personal injury
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Are mesothelioma claims a lost cause for defendants? Jonathan de Rohan reports

Although mesothelioma is almost always caused by the inhalation of asbestos fibres there is a possibility that some cases are “idiopathic”, ie attributable to an unknown cause. Further, a significant proportion of those who contract mesothelioma have no record of occupational exposure to asbestos. The likelihood is that in their cases the disease results from the inhalation of asbestos dust in the atmosphere. The condition may be caused by the inhalation of a single fibre, a few fibres or many fibres, but the more fibres that are inhaled, the greater the risk of contracting it. Like lung cancer, it is an indivisible condition in that, once initiated, further exposure to asbestos fibres will have no causative effect. It is invariably fatal.

Rock of uncertainty

The present state of medical knowledge is such that there is no way of identifying, even on the balance of probabilities, the source of the fibre or fibres which caused a victim’s malignant tumour. This scientific ignorance

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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