We recently reported on the controversial House of Lords decision which significantly reduced the potential liabilities of employers and their insurers for mesothelioma claims resulting from asbestos exposure: Barker v Corus (UK) plc.
At the end of July the Compensation Act 2006 came into force containing provisions which effectively reverse the effect of the Barker decision as regards mesothelioma. A defendant who has been responsible for exposing a victim of the disease to asbestos can now be held liable for the whole of the victims damages even though there may have been other employers or parties responsible for exposure at other times. The Barker principle will however still apply to other cases of "indivisible injury".
Please click here to see previous Law-Now article on the House of Lords judgment on proportionate damages for asbestos claims.
Unusually, these provisions have retrospective effect. However claims which have been settled or determined in legal proceedings before 3 May 2006 so defendants in those cases would not be obliged to pay further compensation, and there are other transitional provisions for pending claims.
Please click here to view The Compensation Act 2006.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 11/08/2006.
