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30 October 2008
Issue: 7343 / Categories: Features , Personal injury
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Abrasive material

Peter Taylor delves into why cases involving asbestos are now such a hot topic

Later this year, possibly next month, a highly significant judgment is set to be handed down. Known as the employers' liability (EL) trigger litigation, six cases were heard in the summer to determine the basis on which an insurer becomes liable for mesothelioma claims. These test cases represent the most recent development in a string of judgments which demonstrate how the systems of law in the UK are gradually catching up with the complex and potentially lethal issue of exposure to asbestos.

A brief history of asbestos

The fire- and friction-resistant properties of asbestos—and its unpleasant side effects on human beings—have been known about for centuries. Marco Polo allegedly encountered it in the form of woven materials known as “dragon cloth” in Central Asia. The versatility, durability and sheer availability of the mineral made it the material of choice in many processes and industries across the world.

Yet it was not until the 20th century that the full effects of asbestos on the

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MOVERS & SHAKERS

Clarke Willmott—Megan Bradbury

Clarke Willmott—Megan Bradbury

Corporate team welcomes paralegal in Southampton

Howard Kennedy—Paul Moran

Howard Kennedy—Paul Moran

London firm strengthens real estate team with partner appointment

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

NEWS
Pathfinder courts—renamed ‘Child focused courts’—are to be rolled out nationally, following a successful pilot where backlogs halved and cases were resolved up to seven and a half months faster
The Court of Appeal has unanimously dismissed a £385,000 costs order against a father, in a case that centred on what is required to meet the threshold of ‘reprehensible or unreasonable’ behaviour
Centuries-old burial laws would be overhauled, under Law Commission proposals to address the burgeoning problem of shortage of cemetery space
The government has committed an extra £32m to women’s charities and services tackling addiction, trauma, abuse and homelessness
The Financial Ombudsman is poised for major reform to return it to a simple, impartial dispute resolution service
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