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Asbestos: Law & Litigation

Asbestos: Law & Litigation
2nd Edition
Practice Area:  Litigation, Tort
ISBN:  9780414102354
Published by:  Sweet & Maxwell
Publication Date:  30 Jun 2022
Format:  eBook - ProView
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PRODUCT DESCRIPTION

Asbestos: Law & Litigation is the first comprehensive guide to claims for asbestos-related injury in the UK. It has been written by experienced practitioners involved in many of the leading cases on the subject. The scope of the book is wide-ranging; from the development of knowledge, to the law of damages, with all of the legal and practical issues in between. 

Key features include: 
  • Cutting-edge analysis of the medical aspects of asbestos-related conditions by leading experts Dr John Moore-Gillon and Dr Robin Rudd
  • A history of asbestos and its uses
  • In-depth analysis of the common law and statutory routes to liability in asbestos disease claims of all kinds
  • An explanation of the complex insurance and reinsurance issues that arise in the context of cover for asbestos-related illness
  • Guidance on the damages recoverable in civil actions and on the technicalities of applications for payments under the DMPS and other statutory schemes
  • Practical advice on the specific procedural issues that arise in asbestos disease claims and inquests

Key case law discussed:
  • Steve Hill Ltd v Witham, Head v Culver Heating Co Ltd and Rix v Paramount Shopfitting Company Ltd: a recent trilogy of Court of Appeal judgments which clarified the proper approach to the assessment of losses in asbestos disease claims
  • Bussey v Anglia Heating Ltd: a key Court of Appeal decision concerning the correct approach to foreseeable risks in tort law and the impact and relevance of important technical guidance documents in asbestos claims.
  • HMG3 LTD v Dunn: bespoke High Court guidance on the court’s approach to the exercise of its discretion to disapply the primary limitation period in cases involving claims for fatal asbestos disease.
  • Heneghan v Manchester Dry Docks Ltd: a significant Court of Appeal decision importing the Fairchild rule into asbestos lung cancer claims and also applying the “doubles the risk” test to causation based on epidemiological evidence.
  • Chandler v Cape Plc: a groundbreaking decision (recently re-affirmed by the Supreme Court) and the first case in which the Court of Appeal confirmed that a parent company could owe a direct duty of care to an employee who had been exposed to asbestos by one of its subsidiaries.
  • McDonald v National Grid Electricity: a landmark decision from the Supreme Court concerning the scope of the Asbestos Industry Regulations 1931.
  • DP v Topmark Claims Management Ltd: the first reported decision concerning the Diffuse Mesothelioma Payment Scheme 2014, which answers a number of questions concerning its requirements.

Key Legislation Includes:
  • Third Parties (Rights against Insurers) Act 1930 and 2010
  • Asbestos Industry Regulations 1931
  • Factories Act 1937 and 1961
  • Asbestos Regulations 1969
  • Limitation Act 1980
  • Control of Asbestos at Work Regulations 1987 and 2002
  • Control of Asbestos Regulations 2006 and 2012

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