The Court of Appeal has handed down its long-awaited decision in the appeal of the Employers’ Liability Insurance “Trigger” Litigation. In a long and complex judgment, which runs to more than 100 pages, the Court of Appeal has overturned the main finding of the first instance decision (the judgment of Burton J of November 2008).
Read MoreMP Jonathan Djanogly, Parliamentary Under-Secretary of State at the Ministry of Justice, has confirmed to Parliament that the new Government will not seek to overturn the House of Lords’ decision that asymptomatic pleural plaques were not compensatable. He also confirmed that the Government would “proceed with the implementation of the previously announced limited extra-statutory scheme to provide one-off payments to individuals who had begun, but not resolved, a legal claim for compensation for pleural plaques at the time of the House of Lords judgment.”
Read MoreIn July 2009 in New Castle County in the State of Delaware, three separate plaintiffs filed civil suits against E. I. Du Pont De Nemours and Company, Inc. (“DuPont”) alleging that their work at a DuPont textile plant in Mercedes, Argentina from 1961 to 2002 caused them to be exposed to and inhale asbestos fibers.
Read MoreAs previously reported here, the Scottish Court of Session rejected insurers’ challenges, by way of judicial review, to the Damages (Asbestos-related Conditions) (Scotland) Act 2009 by a judgment handed down by Lord Emslie on 8 January 2010.
Read More
