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Asbestos: Law and Litigation 2nd Edition

Asbestos: Law and Litigation 2nd Edition

Author: Harry Steinberg; Michael Rawlinson; James Beeton
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414102330

Previous Edition ISBN: 9780414071698
Published In: June 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$561.60

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Description
Contents

Details

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

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;