Overview
This intensive one-day course is aimed at trainees and practitioners wanting to re-skill themselves in this highly technical area of industrial disease practice so they can master the intricacies of running an asbestos disease claim.
The course is also suited to existing industrial disease specialists and team leaders seeking to refresh and update their know-how and expertise in this fast developing field of practice.
Learning objectives
We will cover:
- Use of asbestos and the diseases it causes
- Evolving awareness of the hazard, proving foresight, variable standards for liability
- De minimis exposure, asymptomatic diseases
- The latest on the special causation rules for mesothelioma and lung cancer
- Contributory negligence
- Tracing defendants and insurers
- Which insurer is liable for historic exposure, apportionment
- The Diffuse Mesothelioma Payment Scheme
Programme
| Time |
Session / Content |
| 9.30 – 10.00am |
Introduction: scene setting
- Asbestos and its uses
- Asbestos related diseases
- Developing awareness |
| 10.05 – 10.45am |
Duty of care & breach of duty
- Foreseeability and relevant cases
- Statutory exceptions
- Potential defendants
- Occupiers & secondary exposure |
| 10.45 – 11.00am |
Mid-morning break |
| 11.00 – 11.45am |
Causation and apportionment
- Benign diseases
- Mesothelioma, Fairchild and the Compensation Act 2006
- Lung cancer |
| 11.50 – 12.30pm |
Causation and apportionment continued
- Contributory negligence
- Actionable damage |
| 12.30 – 1.30pm |
Lunch break |
| 1.30 – 2.10pm |
Defendants and insurers
- Identifying defendants
- Insurer liability
- Tracing insurers
- Funding |
| 2.15 – 2.55pm |
Case preparation and procedure
- Claimants and collecting evidence
- Pre-action protocol
- Experts
- Proceedings / Practice Direction 3D
- Company restoration
- Inquests |
| 3.00pm |
Case preparation and procedure continued
- Inquests
- DMPS
- Limitation |
| 3.30 – 3.45pm |
Mid-afternoon break |
| 3.45 – 5.00pm |
Quantum
- Final and provisional damages
- Lost years and fatal accidents
- PSLA
- Immunotherapy
- Care and services
- Funerals and bereavement
- State benefits and CRU |
| 5.00pm |
Close |
Testimonials
"I found this course very useful. Lots of information provided over the course of the day. Very well presented. I will definitely be using the information in my day to day work".
"Clear and concise delivery of training"
"They kept my interest throughout and were very knowledgeable"
Partner, Leigh Day, London
Daniel deals with complex personal injury claims, specialising in industrial disease claims and catastrophic injuries. His work is particularly focussed on asbestos disease claims.
Daniel began to focus his practise exclusively on claimant personal injury claims whilst undertaking his training with Lawfords Solicitors. Since joining Leigh Day in 2003 he has developed a particular interest in claims for industrial disease and catastrophic injuries. He became a partner at Leigh Day in 2008 and is joint head of the firm’s disease team.... view full biography
Barrister, Deka Chambers, London
Stephen Glynn has huge experience in all matters personal injury drawn from over 30 years’ practice in the field, including RTA, EL, PL and clinical negligence and catastrophic injury.
In clinical negligence he is particularly experienced in birth accidents, cauda equina and delayed cancer diagnosis cases. He is the series editor of “Clinical Negligence, law, practice and procedure” currently in its third edition published by chambers. The 4th edition is to be published later this year.... view full biography