One of them got it right
McFall, Ian
One of them got it right - 2006 - Building 271(8421) 10 March 2006, 62(1) .
Considers "Rothwell v Chemical and Insulating Co Ltd and another" ([2006] EWCA Civ 27, unreported), where two out of three CA judges ruled that claimants whose lungs had been damaged by exposure to asbestos were not entitled to compensation. Argues that the decision was based on public policy grounds, rather than legal considerations, and will encourage the insurance industry to continue to resist claims based upon employer's negligence.
ROTHWELL V CHEMICAL AND INSULATING CO LTD AND ANOTHER
One of them got it right - 2006 - Building 271(8421) 10 March 2006, 62(1) .
Considers "Rothwell v Chemical and Insulating Co Ltd and another" ([2006] EWCA Civ 27, unreported), where two out of three CA judges ruled that claimants whose lungs had been damaged by exposure to asbestos were not entitled to compensation. Argues that the decision was based on public policy grounds, rather than legal considerations, and will encourage the insurance industry to continue to resist claims based upon employer's negligence.
ROTHWELL V CHEMICAL AND INSULATING CO LTD AND ANOTHER