Asbestos: Law and Litigation 2nd ed

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

table of content

Chapter 1: Medical aspects of asbestos-related conditions;

Chapter 2: History and use;

Chapter 3: Knowledge;

Chapter 4: Common law;

Chapter 5: Statutory duties;

Chapter 6: Environmental liability;

Chapter 7: Dangerous premises;

Chapter 8: Product liability;

Chapter 9: TUPE and employment;

Chapter 10: Insurance;

Chapter 11: Causation;

Chapter 12: Contributory negligence;

Chapter 13: Limitation;

Chapter 14: Damages;

Chapter 15: State payments for asbestos-related illness;

Chapter 16: Practice and procedure