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The Work and Pensions Select Committee has published its report into the Health and Safety Executive’s (HSE) approach to asbestos management. In doing so, a number of observations and recommendations have been made. Looking ahead to the coming year, we expect the HSE to publish yet further reviews of existing guidance and legislation.
A summary of key developments relating to the date of knowledge, CRU scheme, an English Court awarding Scottish “loss of society” damages, the evidential hill in asbestos claims, the damages claims portal, and a newly announced discount rate in Northern Ireland.
In this report, Kennedys experts highlight key legal and regulatory developments, and provide an overview of 12 topics to watch under four main topic groups which insurers and corporates should consider as they plan for operational resilience in the new financial year.
A roundup of recent court decisions raising issues relating to driving at an excessive speed, vicarious liability, judicial consideration of claims under the Human Rights Act in relation to ‘failure to remove’ cases, fundamental dishonesty in the context of failing to volunteer information, the Brussels Recast Regulation, and Animals Act claims.
Case review 23/03/2022
The recent Court of Session (Outer House) decision in this case highlights the difficulty a claimant faces in establishing foreseeability of asbestos related injury in circumstances where the claimant’s exposure to asbestos has been low level and took place prior to 1965.
Following the New Zealand Court of Appeal decision of Smith v Fonterra Co-operative Group Limited , Kennedys experts in New Zealand, Australia, the United Kingdom and United States provide a cross-jurisdictional review of the risk of this potential new tort also emerging in their respective countries.
Firefighters are exposed to toxic atmospheres and dangerous carcinogens while fulfilling their duties, but what is the direct relationship with firefighting related cancers? Here, we delve into the Industrial Injuries Advisory Council's (IIAC) report and summarise the main findings. They also consider and provide recommended advice for the legal position for firefighters suffering with cancer who have put forward civil claims.
Case review 03/02/2022
The recent High Court decision in the case of Haggerty-Garton and Others against Imperial Chemical Industries Limited provides a stark reminder of the increasingly widening gulf in the level of damages in fatal claims between Scotland and England. For the first time an English Court applied Scots law in quantifying damages in a mesothelioma claim, awarding sums far greater than what would have been recoverable under the laws of England and Wales.
The appointments of Gavin Henderson and Daniela Fusi, both formerly Clyde & Co (Scotland) partners, takes the total number of fee earners to 23 across our offices in Edinburgh and Glasgow, with more new fee earners expected to join in the coming months as we enjoy another record year.
Case review 12/01/2022
The High Court dismissed a claim for asbestos-related lung cancer after declining to find evidence sufficient to cause a breach of duty or to double the risk of contracting a lung cancer.