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Daylight in asbestos fight

27 November 2008
Issue: 7347 / Categories: Legal News , Damages , Insurance / reinsurance , Personal injury , Commercial
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Victory at last for asbestos sufferers in landmark battle for justice

A victory in the High Court for victims of asbestos related disease has removed the contradictions in the arguments of insurance firms and provided fairness for the claimants, say lawyers.

The case stemmed from the refusal of insurers to pay out in mesothelioma claims after the ruling in Bolton MBC v Municipal Mutual Insurance Ltd [2006] All ER (D) 66 (Feb), where it was held that in public liability insurance, the policy was triggered by the development of the disease—an argument insurers claimed should also be applied to employers’ liability claims.

However, in the “Employers’ Liability Policy ‘Trigger’ Litigation”, Mr Justice Burton found that the injury was sustained when it was caused and so the policies should be construed as such.

Peter Taylor, partner in the insurance and reinsurance practice at Lovells, says the ruling is a landmark in the long battle between the UK claimants and their employers’ insurance companies.

“Burton J found that exposure or the ‘date of inhalation’

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Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

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Jackson Lees Group—five promotions

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Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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