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No fighting back?

17 March 2011 / Jonathan De Rohan
Issue: 7457 / Categories: Features , Personal injury
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Are mesothelioma claims a lost cause for defendants? Jonathan de Rohan reports

Although mesothelioma is almost always caused by the inhalation of asbestos fibres there is a possibility that some cases are “idiopathic”, ie attributable to an unknown cause. Further, a significant proportion of those who contract mesothelioma have no record of occupational exposure to asbestos. The likelihood is that in their cases the disease results from the inhalation of asbestos dust in the atmosphere. The condition may be caused by the inhalation of a single fibre, a few fibres or many fibres, but the more fibres that are inhaled, the greater the risk of contracting it. Like lung cancer, it is an indivisible condition in that, once initiated, further exposure to asbestos fibres will have no causative effect. It is invariably fatal.

Rock of uncertainty

The present state of medical knowledge is such that there is no way of identifying, even on the balance of probabilities, the source of the fibre or fibres which caused a victim’s malignant tumour. This scientific ignorance

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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