Asbestos Compensation Claims

Support for claimants: mesothelioma claimants with low exposure to asbestos succeed

The Supreme Court rules in favour of mesothelioma claimants – 9th March 2011 in the cases of:

Sienkiewicz -v- Greif; Willmore -v- Knowsley 2011 UKSC10.

The Supreme Court has ruled in favour of mesothelioma claimants who suffered low levels of asbestos exposure.

Now in order to succeed on the issue of causation a mesothelioma claimant only needs [...]

Asbestos decision creates uncertainty for many claimants

On Friday of last week the Court of Appeal overturned a 2008 decision of the High Court that in cases of workers exposed many years ago to asbestos it was the companies’ insurers at the time the exposure took place that were responsible for paying out compensation.

Stephen Burbidge of Humphreys & [...]

Asbestos compensation must remain a top priority

With a new incoming government, it is vital that existing Department for Work and Pensions proposals to improve access to compensation for victims of asbestos industrial disease are not forgotten. This was the message sent out in a recent press release from the Association of Personal Injury Lawyers.

Employers are legally required [...]

Broken asbestos found dumped in a lay-by

Council asbestos disposal experts were called in to remove an industrial bag full of broken asbestos roofing yesterday, the Derby Telegraph reports. The Council was alerted after a local resident identified the risk in Breadsall. The material, believed to have been removed from a shed roof by the fly-tipper, had to be carefully [...]

Quick reference asbestos factsheet to be issued to retailers

The Health and Safety Executive has found that compliance with the ‘duty to manage’ asbestos regulations is particularly low in the retail industry. It has teamed up with BHF-BSSA, an independent retail trade body, to launch an awareness raising campaign.

The main feature of this campaign is the issuing of a [...]

Asbestos surveyors must be suitably qualified

The HSE has launched a new campaign to stress the importance of hiring a suitably qualified asbestos surveyor. A number of roadshows have been arranged to promote a better understanding of the surveying process amongst those managing the risks associated with asbestos containing materials (ACMs).

The Control of Asbestos Regulations 2006 place [...]

Asbestos deaths reach all-time high

According to the Health and Safety Executive, asbestos-related deaths in the North East and Cumbria have reached the highest level since records began. Annually, 400 people die from asbestos industrial disease in this region.

As a traditionally industrial region, with a history of involvement in shipbuilding and other professions linked to asbestos exposure, [...]

Remembering the victims of asbestos industrial diseases

April 28th is Workers Memorial Day, when internationally people will take the time to commemorate those who have died or suffered serious illness or injury in the course of their work. Workers exposed to asbestos tragically make up a significant part of the number of deaths each year resulting from occupational cancers and [...]

Last resort funding for asbestos compensation

It is ‘only fair and ethical’ that an Employers’ Liability Insurance Bureau be set up to fund compensation for the sufferers of asbestos-related diseases, according to The Co-operative Insurance. Such a Bureau was proposed by the Government in February 2010 as a last resort for the victims of asbestos who are unable to [...]

Tax exemption introduced for certain asbestos compensation trusts

The 2010 Budget introduced a new measure that will exempt trusts set up for the purpose of paying compensation to, or in respect of, individuals with asbestos related conditions.

Ordinarily, the trustees of a fund must pay inheritance tax, capital gains tax and income tax on the assets held by the trust.