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Problems on an industrial scale

06 December 2018 / Vijay Ganapathy
Issue: 7820 / Categories: Features , Personal injury , Employment
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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

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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