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A sigh of relief

22 January 2009 / Andrew Burns KC
Issue: 7353 / Categories: Features , Insurance / reinsurance , Personal injury
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Part two: Andrew Burns unravels the strands of the asbestos “trigger” trial

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The first part of this article examined the background to the employers' liability policy trigger litigation (EL trigger) and the consequences for insurers and asbestos victims were explored: Durham v BAI (Run Off) Ltd (In Scheme of Arrangement) and other cases [2008] EWHC 2692 (QB), [2008] All ER (D) 220 (Nov) (see NLJ 23 January 2009, p 96). The judge held that the employers' insurers were wrong to decline claims following the Court of Appeal decision in Bolton v MMI [2006] 1 WLR 1492. Mr Justice Burton ruled that the policy wordings which were triggered when an employee “sustained” an injury had to be construed in the same way as policies triggered at the time when the injury was “caused”. The litigation now moves to the Court of Appeal.

The defendant insurers' arguments

The defendants had reinterpreted the “sustained” wordings following the Bolton case, suggesting that thirty years of insurance practice had been

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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