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RSA Liable for GM Asbestos Costs RSA Liable for GM Asbestos Costs A Michigan court has ruled that Royal & SunAlliance is liable for up to $1b to pay for General Motors asbestos defence costs, firm says ruling is 'meaningless' as liability has passed to Arrowpoint, subsidiary bought by management 30.04.07 Telegraph, Automotives, Insurance

Legal Hitch in Lloyd's Asbestos Deal Legal Hitch in Lloyd's Asbestos Deal Lloyd's syndicate Equitas nearly abandoned deal with Warren Buffett to sell $7b in asbestos liabilities, restrictive clause in FSMA, will apply to court for 'legal finality' NY Times End of a nightmare 25.10.06 Telegraph, Financial Services, Insurance

Systems Fails Asbestos Victims Systems Fails Asbestos Victims Lords decision in Barker v Corus 'carved a large hole' in Fairchild v Glenhaven, returning onus to the victim to find someone blame, but most workers developed asbestos-related mesothelioma from a number of different employers 20.06.06 Times, Personal Injury

Lords Asbestos Ruling Lords Asbestos Ruling Blair is to look at 'changing' the Lords ruling on mesothelioma, thousands of widows will lose compensation when unable to prove exact source of disease 15.06.06 BBC, Personal Injury

Asbestos Asbestos Dr Ray A. Harron made millions reading X-rays for asbestos plaintiffs, failed to sign or even read thousands of his own reports, less an independent assessor than a 'cog in the wheel of multi-billion dollar machine', tens of thousands of claims could be affected 29.11.05 NY Times, Expert Witness

Asbestos Asbestos Major suit starts today, 8000 complainants, many of whom are 'not yet sick', and 259 defendents, including ExxonMobil and Honeywell, another 200k cases still pending 23.09.05

Asbestos Asbestos Cape deal close to collapse, financial problems deeper than extensions can cure, banks seem reluctant to come forward, lawyers seek quick return to court Guardian 19.09.05

Asbestos Asbestos Senate leaders Daschle and Frist have agreed compromise on $140b asbestos compensation fund 17.09.05 Bloomberg, Personal Injury Links

Asbestos Trial Asbestos Trial Lawyers Leigh Day & Co are preparing for trial as Cape misses new deadline on £20m asbestos payment 16.09.05 Times

Asbestos Asbestos Building materials firm Cape will make £40m reserve as final cover for UK asbestos claims 17.06.05 Telegraph, Personal Injury Links


New Asbestos Regulations New Asbestos Regulations New Control of Asbestos Regulations 2006 come into force on 13 November 2006, consolidate and replace existing legislation on asbestos exposure, introduce a lower control limit 07.11.06 Law Now, Personal Injury

New Asbestos Control Regulations New Asbestos Control Regulations On 13 November 2006 the new Control of Asbestos Regulations 2006 come into force, consolidate and replace existing legislation on asbestos exposure, introduce a lower control limit 04.11.06 Law Now

New Asbestos Regulations New Asbestos Regulations HSC proposes draft Control of Asbestos Regulations, subject of extensive consultation, will strengthen worker protection by reducing exposure limits and introducing mandatory training, simplify the regulatory regime and implement revisions to the EU Asbestos Worker Protection Directive 28.07.06 Health and Safety Executive, Health & Safety, Personal Injury

Asbestos Asbestos The HSC has published a Consultation Paper containing proposals for revised asbestos regulations, as a result of amendments to the European Asbestos Worker Protection Directive 18.11.05 Health & Safety Commission, Law Now, Commercial Property Links, Health & Safety Links

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Cancer From Hugging Father Cancer From Hugging Father Debbie Brewer is suing Ministry of Defence for £75k, diagnosed with mesolthelioma, asbestos-related cancer attributed to inhaling dust on her father, who worked as a lagger at Devonport dockyard 15.02.07 Daily Mail, Medical Law, Personal Injury

Pleural Plaques Pleural Plaques Case opens today claiming compensation for pleural plaques, say the condition, combined with worry that they may develop into asbestosis, amounts to disease 14.11.05 BBC, Personal Injury Links








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Judgments

Court of Appeal

FAIRCHILD v GLENHAVEN [2001] EWCA Civ 1881 (11th December, 2001)

COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM QUEEN’S BENCH DIVISION Curtis J

B3/2000/2431, B3/2001/0939, B3/2001/1653 and B3/2001/1669

LORD JUSTICE BROOKE LORD JUSTICE LATHAM and LORD JUSTICE KAY

JUDITH FAIRCHILD (Suing as Administratrix and Widow of ARTHUR ERIC FAIRCHILD Deceased) - and - GLENHAVEN FUNERAL SERVICES LTD -and- WADDINGTONS PLC -and- LEEDS CITY COUNCIL

Claimant/Appellant Brian Langstaff QC & Andrew Hogarth (instructed by O H Parsons & Partners for the Appellant) Stephen Stewart QC & Michael Rawlinson(instructed by Halliwell Landau for Waddingtons plc) Michael Taylor (instructed by Leeds City Legal Services Department for the Leeds City Council)

Judgment

House of Lords

Fairchild v Glenhaven Funeral Services Ltd and others etc.

Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Hoffmann Lord Hutton Lord Rodger of Earlsferry

Fairchild (Suing On Her Own Behalf And On Behalf Of The Estate Of And Dependants Of Arthur Eric Fairchild (Deceased)) (Appellant) V Glenhaven Funeral Services Limited And Others (Respondents) Fox (Suing As Widow And Administratrix Of Thomas Fox (Deceased)) (Fc) (Appellant) V Spousal (Midlands) Limited (Respondents)

Matthews (Fc) (Appellant) V Associated Portland Cement Manufacturers (1978) Limited And Others (Respondents)

Oral Judgment: 16 May 2002 Reasons: 20 June 2002 [2002] Ukhl 22

Judgment

Legislation

Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos as amended by Council Directive 91/692/EEC (further amended by Council Regulation 1882/2003/EC), and Council Regulation 807/2003/EC
COUNCIL DIRECTIVE 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Statutory Instruments

Statutory Instrument 1988 No. 711 The Asbestos (Prohibitions) (Amendment) Regulations 1988
Statutory Instrument 1987 No. 2115 The Control of Asbestos at Work Regulations 1987
Statutory Instrument 1987 No. 1979
Statutory Instrument 2002 No. 2675
Statutory Instrument 1987 No. 2115 The Control of Asbestos at Work Regulations 1987
Statutory Instrument 1999 No. 2977 The Asbestos (Prohibitions) (Amendment) (No. 2) Regulations 1999
Statutory Instrument 1999 No. 2373 The Asbestos (Prohibitions) (Amendment) Regulations 1999
Statutory Instrument 1998 No. 3233 The Asbestos (Licensing) (Amendment) Regulations 1998
Statutory Instrument 1998 No. 3235 The Control of Asbestos at Work (Amendment) Regulations 1998
Statutory Instrument 1992 No. 3068 The Control of Asbestos at Work (Amendment) Regulations 1992
Statutory Instrument 1992 No. 3067 The Asbestos (Prohibitions) Regulations 1992
Statutory Instrument 1990 No. 1629 The Trade Effluents (Prescribed Processes and Substances) (Amendment) Regulations 1990
Statutory Instrument 1990 No. 556 The Control of Asbestos in the Air Regulations 1990
Statutory Instrument 1989 No. 1156 The Trade Effluents (Prescribed Processes and Substances) Regulations 1989
Statutory Instrument 1989 No. 319 The Health and Safety (Emissions into the Atmosphere) (Amendment) Regulations 1989
Statutory Instrument 1988 No. 1199 The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988


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