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Determining the discount rates Print E-mail
Written by Personal Injury Newsletter   
Tuesday, 01 May 2012 00:00
Does a recent Guernsey case heard by the Privy Council have implications for personal injury cases on the mainland? Cara Guthrie and Will Young report

The decision of the Privy Council in the case of Simon v Helmot [2012] UKPC 5 (handed down on 7 March 2012) provides illumination on the issue of the appropriate discount rate to be applied to lump sum damages for future losses in personal injury cases, albeit from the perspective of Guernsey.
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Asbestos: duty of care Print E-mail
Written by Personal Injury Newsletter   
Tuesday, 01 May 2012 00:00
Karen O’Sullivan outlines the duty of care surrounding risks created by asbestos exposure

The establishment of a duty of care will not usually be problematic. Employers clearly owe a common law duty of care to their employees. That duty encompasses an obligation not to negligently expose employees to the risk of development of an asbestos-related disease.
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Supreme Court delivers landmark ruling in mesothelioma case Print E-mail
Written by Personal Injury Newsletter   
Tuesday, 01 May 2012 00:00
The “trigger” under relevant employer’s liability (EL) insurance policies for mesothelioma claims is the date on which the victim was exposed to asbestos fibres, and not the date on which the victim first shows signs of the disease, the Supreme Court has held.
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HSE Myth Busters Challenge Panel launched Print E-mail
Written by Personal Injury Newsletter   
Tuesday, 01 May 2012 00:00
A crackdown on “jobsworths” who wrongly use health and safety as an excuse to stop what are essentially sensible activities, has been welcomed by the Association of Personal Injury Lawyers (APIL).
Read more... [HSE Myth Busters Challenge Panel launched]
 
Law Society issues call for evidence on proposed personal injury cuts Print E-mail
Written by Personal Injury Newsletter   
Tuesday, 01 May 2012 00:00
The Law Society is asking personal injury practitioners to provide information on the financial costs of running a typical personal injury practice or department in a bid to fight more cuts proposed by the government.
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