Sensitive legal handling
The handling of the claims for asbestos related disease remains a challenging area for insurers.
Mesothelioma claims remain exempt from Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) despite initiatives by the Association of British Insurers (supported by defendant firms such as Plexus) to introduce reforms via the MoJ mesothelioma Reform Consultation. The defence of these claims has to be handled sensitively because of the emotive issues involved and remains challenging because of increasing use of the fast track “show cause” procedure in the Royal Courts of Justice (RCJ).
The Occupational Disease team handles high proportions of mesothelioma claims across all three (London, Leeds and Evesham) technical teams and has extensive technical capability and experience as illustrated by our involvement in a number of major decisions including:
- Holtby v Brigham & Cowan
- Brett v University of Reading
- MacDonald v National Grid
We are instructed by a number of insurers, or corporates who have direct financial interest in the claims outcome of the legacy claims they face. We recognise the importance of obtaining contributions from other employers and/or insurers where necessary as a result of the Compensation Act 2006.
The firm has been heavily involved in coverage issues arising from asbestos related disease claims. The London technical team acted on behalf of insurers in two of the lead cases comprising the Employers’ Liability (EL) trigger litigation and was also retained to advise the following insurer in IEG v Zurich. Plexus staff have been instrumental in advising insurers on their strategy for dealing with EL and public liability trigger issues for mesothelioma claims.