Mesothelioma: Employers’ Liability Trigger Litigation

The judgment of the Court of Appeal in the combined appeals more commonly known as the Employers' Liability Trigger Litigation was handed down today (8 October) by the Court of Appeal. The Court, in a fragmented judgment, allows some of the appeals from the order of Burton J (21 November 2008). A number of the appellants were, however, unsuccessful. The reasoning of the three Lord Justices all differ. In his leading judgment, Lord Justice Rix indicates that he considers himself bound by the Court of Appeal's decision in Bolton v MMI (2006) and that, were he not bound by Bolton he would have found to the contrary. The position is therefore wholly unsatisfactory and it appears inevitable that this matter will proceed to the Supreme Court.