Asbestos: Law & Litigation, 2nd Edition | 2022*

Asbestos: Law & Litigation, 2nd Edition | 2022*

Asbestos: Law & Litigation is the first in-depth UK guide dedicated to asbestos-related injury claims. Authored by seasoned legal professionals who have worked on many landmark cases, the book offers a comprehensive overview—spanning from the evolution of medical understanding to the legal framework surrounding compensation.

Highlights include:

• Expert medical insight into asbestos-related diseases by renowned specialists Dr. John Moore-Gillon and Dr. Robin Rudd

• A detailed history of asbestos and its various applications

• Thorough examination of both common law and statutory grounds for liability in asbestos-related cases

• Clear explanation of the complex insurance and reinsurance issues often encountered in these claims

• Guidance on the types of damages available through civil litigation and navigating payment applications under schemes like the DMPS

• Practical advice on handling procedural challenges in asbestos-related court cases and inquests

Key Case Law Covered:

• Steve Hill Ltd v Witham, Head v Culver Heating Co Ltd, and Rix v Paramount Shopfitting Co Ltd: A trio of recent Court of Appeal rulings that clarified how losses should be assessed in asbestos-related disease claims.

• Bussey v Anglia Heating Ltd: A significant Court of Appeal case that refined the approach to assessing foreseeable risk in tort claims, highlighting the role of technical guidance documents in asbestos litigation.

• HMG3 Ltd v Dunn: A High Court case offering detailed guidance on when courts may exercise discretion to waive the usual time limits (limitation period) in fatal asbestos disease claims.

• Heneghan v Manchester Dry Docks Ltd: A key Court of Appeal decision that extended the Fairchild principle to lung cancer claims related to asbestos and applied the "doubles the risk" test using epidemiological evidence.

• Chandler v Cape Plc: A landmark ruling—recently upheld by the Supreme Court—establishing that a parent company can owe a direct duty of care to employees of its subsidiary in asbestos exposure cases.

• McDonald v National Grid Electricity: A Supreme Court judgment that defined the scope and application of the Asbestos Industry Regulations 1931.

• DP v Topmark Claims Management Ltd: The first published case interpreting the Diffuse Mesothelioma Payment Scheme 2014, addressing several key aspects of its eligibility and requirements.

Key Legislation Covered:

• Third Parties (Rights against Insurers) Acts of 1930 and 2010

• Asbestos Industry Regulations 1931

• Factories Acts of 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 Contents of Asbestos: Law & Litigation, 2nd Edition | 2022:

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

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