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Updates

29

Mar

Asbestos disease: Claims against multiple employers

During the 1950’s, 1960’s and 1970’s Mr Lloyd, who mainly worked as a welder, was exposed to dangerous levels of asbestos whilst in the employ of a number of different firms. He had a rather complicated medical history and there was some doubt about when exactly his asbestos-related disease was diagnosed.  The High Court who heard the case in February last year […]

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22

Jun

Suing the insurer when a company becomes insolvent

The Third Parties (Rights Against Insurers) Act 2010 will at long last come into force on 1 August 2016. The introduction of this legislation will be a welcome assistance to victims of industrial disease.  In many cases of industrial disease, particularly asbestos related disease, the exposure to the asbestos has been many years ago and […]

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15

Jun

Low dose mesothelioma claims

A recent High Court decision has shown the difficulties faced by Claimants in mesothelioma cases when they cannot prove that they have been exposed to large quantities of asbestos dust. Robert Smith worked for the Defendant employer as a joiner between 1973 and 1977. Sadly, Robert was diagnosed with Mesothelioma in 2013 and died in […]

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25

Feb

Asbestos related lung cancer

Following the recent Court of Appeal decision in Heneghan v Manchester Dry Docks, the law has remained unchanged in relation to how a Claimant should go about proving that he has developed a lung cancer due to exposure to asbestos at work. Mr Heneghan had been exposed to varying amounts of asbestos during the course […]

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27

Aug

Employer liable for share of asbestos exposure

Exeter University Defendant unsuccessfully argues that negligent exposure to asbestos made “No discernable difference” to the  Claimant’s medical condition A recent High Court Case has shown the continuing willingness for Defendants to attempt to escape liability for asbestos related disease. Albert Carder from Exeter was exposed to dangerous amounts of asbestos fibres in the 1950’s.  Unfortunately, […]

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21

May

Can an Asbestos Claimant have “two bites of the cherry”?

Mr Lloyd worked for a number of different employers during the 1950’s, 1960’s and 1970’s.  He mainly worked as a welder and was exposed to dangerous levels of asbestos during those times. Mr Lloyd had a rather complicated medical history and there was some doubt about at which point he was actually diagnosed with asbestos […]

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4

Dec

Is there a Time Limit for Occupational Deafness Claims?

A recent Court of Appeal decision has highlighted the difficulties with time limits in relation to claims for occupational deafness (that is, claims by employees who have worked in very noisy environments with resulting damage to their hearing and sometimes tinnitus). The difficulty with these claims, leaving aside perhaps the issue of tinnitus, is that […]

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27

Nov

Asbestos-related lung cancer and smoking

Asbestos-related lung cancer and smoking – which is the true villain? Asbestos cases involving lung cancer have their own inherent difficulties.  I should say at the outset that we are not considering cases involving malignant mesothelioma.  It is accepted that malignant mesothelioma can be caused by a relatively low dose of exposure to asbestos fibres, […]

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9

Oct

Asbestos Claims News

As reported by the BBC last week, the Administrative Court in London has dealt a blow to the government’s proposed attack on the rights of victims of asbestos related disease. By way of general background, on 1 April 2013 the law was changed so that successful Claimants in personal injury cases funded via conditional fee […]

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9

Sep

Claims for Asbestos Related Disease

The Daily Telegraph has published a recent article, about Asbestos Related Disease, which makes very disturbing reading. If you or a family member has the misfortune to be blighted by this horrific disease then please do contact us for specialist advice. We can’t turn back the clock, but we can make your journey a little […]

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