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A sigh of relief

Part one: Andrew Burns unravels the strands of the asbestos “trigger” trial

The employers’ liability (EL) policy “trigger” litigation was heard over nine weeks in the summer of 2008. It involved six lead cases, seven QCs, 13 junior counsel, numerous solicitors and five major insurers. Mr Justice Burton handed down a 109-page judgment on 21 November 2008: Durham v BAI (Run Off) Ltd (In Scheme of A0.rrangement) and other cases [2008] EWHC 2692 (QB), [2008] All ER (D) 220 (Nov).

The various test cases were heard together to resolve an important dispute over the relevant “trigger” under various employer’s liability insurance policies. The judge noted that the result would have “considerable consequences for several thousand people” and a “continuing impact for many years”.
The underlying claims were brought by employees who suffered and died from mesothelioma resulting from inhalation of asbestos fibres during employment. The employers’ insurers in these types of claims had paid out to victims for many years, but began to decline claims after a decision in the Court of Appeal
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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