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Industrial & Occupational Disease
A victory for justice for mesothelioma victims (and their employers)
Posted by Jeremy Horton on 28th March 2012
A victory for justice for mesothelioma victims (and their employers) – the Supreme Court judgement in the Employer Liability Insurance “Trigger” Litigation; BAI Ltd and others v Durham and others (28 March 2012)
Asbestos is not the only harmful dust - the dangers of stone and concrete dust-silica and silicosis
Posted by Andrew Clarke on 15th March 2012
Stone, concrete and cement may seem fairly innocuous everyday substances. However cutting and grinding them can create potentially harmful dust, which can lead to serious or fatal diseases like silicosis. Many industries involve cutting or grinding stone, concrete, masonry and cement products, for example:-
Medway – a national ‘hotspot’ for Mesothelioma
Posted by Jeremy Horton on 13th March 2012
Figures obtained by the Association of Personal Injury Lawyers have revealed that Medway has the second highest death rate for asbestos related cancer, specifically mesothelioma.
The asbestos death rate is 6.5 per 100,000 people whereas the national average is 2.5. Between 2006 – 2010 106 people from Medway died of mesothelioma, making it a national hotspot for asbestos deaths.
Mesothelioma compensation – Are the Judicial Studies Board’s Guidelines wrong?
Posted by Mark Gore on 17th February 2012
The recent decision of The Honourable Mrs Justice Swift in the case of Dennis Ball –v- Secretary of State for Energy and Climate Change ([2012] EWHC 145 (QB)) has raised doubts that the bracket for awards in Mesothelioma cases in the Tenth Edition of the JSB Guidelines is too low. Hopefully this could see elderly asbestos victims suffering from mesothelioma being awarded greater compensation.
When are insurers liable to compensate for mesothelioma?…The Supreme Court starts the trigger
Posted by Jeremy Horton on 8th December 2011
The Supreme Court has now started to hear an appeal to decide when insurance companies are responsible for paying compensation for mesothelioma.
Proving negligence in mesothelioma claims
Posted by Jeremy Horton on 22nd November 2011
Recent reports of the death of the negligence defence in mesothelioma claims have been greatly exagerated. The recent decision of the Court of Appeal in Julie Williams (On Behalf of The Estate & Dependants of Michael Williams, Deceased) v University of Birmingham & Anor (2011) confirms that proving negligence in a mesothelioma case is not always a certainty and it reiterated the correct test to be applied.
Asbestos Related Lung Cancer - You may still be entitled to compensation even if you were a smoker
Posted by Mark Gore on 16th November 2011
Lung cancer is most commonly associated with smoking. However it can also be caused by breathing in asbestos dust and is a common complication of asbestosis.
