Article by Mr Richard Best*
INTRODUCTION
Newspapers abound with stories of corporate difficulties in connection with asbestos-related lawsuits. Internationally, most litigation to date has taken place in the United States, where high damages awards, comparatively liberal liability theories, and countless claims by not only the sick but also the so-called "worried well" – those who claim to have been exposed to asbestos but who have not yet contracted an asbestos-related disease – have clogged the judicial system and landed many companies in strife. Insurers have also been hit hard.
As more cases of asbestos-related diseases surface and tales of mounting pressure in the United States continue to hit the headlines, in conjunction with those concerning a possible mammoth trust fund to put an end to US litigation1, companies on both sides of the Atlantic are asking themselves about potential exposure in Europe. Companies across Europe have been affected by asbestos-related
