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06 December 2018 / Vijay Ganapathy
Issue: 7820 / Categories: Features , Personal injury , Employment
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Problems on an industrial scale

Vijay Ganapathy considers how courts are tackling the issues associated with the treatment & costs of industrial diseases

  • New treatment options for mesothelioma sufferers.
  • Scope of vicarious liability.

The last few months have seen the courts determining some interesting issues relating to industrial disease. The Court of Appeal also considered whether to overturn a first instance decision on vicarious liability.

Immunotherapy

Starting with industrial disease, a topic currently attracting considerable attention in many asbestos disease cases is immunotherapy and how the costs of this relatively new treatment can be recovered by claimants.

Exposure to asbestos can cause mesothelioma which is a terminal cancer affecting the lining of the lungs. The choice of treatment for this condition has been quite limited so the possibility of undergoing immunotherapy has given many sufferers considerable hope.

Immunotherapy has been available for treatment of other types of cancer and recently, the National Institute for Health and Care Excellence (NICE) approved the use of two immunotherapy drugs for lung cancer patients. NICE are yet to provide similar

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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