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Date:
Wed, 28 Jun 2006 22:23:05 +0100
From:
Hector MacQueen
Subject:
Asbestos compensation
I
didn't see anyone on the list picking up the Lord Chancellor's announcement
on 20 June 2006 about the UK Government's intentions with regard
to legislation to undo Barker, so here it is, for information
- looks like the solution lies in imposing joint and several liability
rather than mucking about with causation.
The
Government is acting quickly to help claimants suffering from this
terrible disease to receive the compensation to which they are entitled
as soon as possible. I intend to bring forward an amendment to the
Compensation Bill to provide that in these cases negligent employers
should be jointly and severally liable, so that the claimant can
recover full compensation from any relevant employer. It would then
be open to that employer to seek a contribution to the damages awarded
from other negligent employers.
The
Scottish Executive has signalled that it wants this legislation
to extend to Scotland as well.
Hector
--
Hector L MacQueen
Professor of Private Law
Director, AHRC Research Centre Intellectual Property and Technology
Law Edinburgh Law School University of Edinburgh Edinburgh EH8 9YL
UK
Tel: (0)131-650-2060; Fax: (0)131-662-6317
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