An update on part of the asbestos compensation dynamic in Great Britain. In the UK, most compensation claims are asserted against employers, as opposed to asserting product liability claims. This past July, the FSA published a consultation paper on requiring all insurers to join in tracing historic Employer’s Liability (EL) policies so that compensation can

LAW360 (subscription required) includes an informative post about EU efforts to step up consumer protection efforts. The plans are laid out in  EU memo which is here.  A key excerpt is as follows – note especially the plans to use the EU’s  "e-Justice portal" to create online small claims processing. That possibility should

The EU follows the precautionary approach when regulating use of actually or potentially "toxic" substances used in products. Therefore, manufacturers, consumers and others have an interest in regulatory decisions. But, EU law apparently has been unclear on standing to challenge regulations, until a recent decision in a case known as Microban. The decision is explained

This popular press article provides a fair amount of detail on a ruling in Malta related to the mesothelioma death of a dockworker. The claims at issue were submitted by surviving family members. The gist of the ruling seems to be that constitutional remedies were not available because other remedies could be pursued.  Set out below are

Spain. As readers may recall, its Supreme Court last year approved the use of contingent fees, as described in this prior post.  More recently, asbestos litigation  took a new turn in Spain through last week’s judgment  in favor of persons living in relatively close proximity to an asbestos-cement factory that used and spewed out asbestos

As it happens, I’m speaking this week  at an asbestos litigation conference. Yesterday’s topic was asbestos bankruptcies and today’s topic is international asbestos litigation.  It is therefore ironic that yesterday  the goverment in London publicly confirmed in a press release from the MOJ that the government will not reinstate pleural plaques claiming.

More analysis will have to be done later. For now, the bottom lines are:

  • plaques claiming will not be reinstated
  • some money will be paid by the government to persons who asserted plaques claims prior to the ruling by the House of Lords that held plaques noncompensable
  • the government is going to try to foster recoveries from insurers or guarantee funds, and
  • there will be more funding for scientific reasearch focused on asbestos-related disease

 Pasted below is the full text of the Ministry of Justice’s release. The text includes links to the source materials.

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Please look to the left under the heading “Eternit” for prior articles on the combined civil and criminal trial in Italy  involving former executives of Eternit. The charges – more or less – are reckless endangerment  of employees via unsafe conditions in facilities manufacturing asbestos-containing products. The coverage this month has been light as only one hearing

Back to Europe for the day.

The House of Commons is anticipating discussions on pleural plaques vis a vis the apparent path of Scotland affirmatively acting to permit plaques claiming via legislation, but England and Wales not allowing compensation and other European countries taking divergent various views.  The following remarks are from January 28, and are