Insurance And Reinsurance Weekly Update - 10 June 2014

Collins v Secretary of State for Business Innovation and Skills & Ors

Court of Appeal decides whether court can take account of the claimant's delay from date of exposure to asbestos when deciding whether to disallow limitation period

http://www.bailii.org/ew/cases/EWCA/Civ/2014/717.html

The claimant worked as a dockworker between 1947 and 1967. He assisted in unloading cargos of asbestos during that time and was diagnosed with lung cancer in May 2002 (from which he subsequently recovered). After seeing an advert in July 2009, he contacted solicitors and commenced proceedings in May 2012. At first instance, the judge held that his claim was time barred and he appealed. The Court of Appeal has now dismissed that appeal.