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Asbestos: Law and Litigation, 2nd Edition

Asbestos: Law and Litigation, 2nd Edition

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414071698
  • 出版时间 June 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,176.20

¥2,110.91 Save ¥65.29 (3%)

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  • 描述 
  • 详细

    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

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