Exchange Chambers

Court of Appeal Success for Edward Bartley Jones Q.C.

Press release - 8th October 2010

As leading counsel for Thomas Bates and Son Limited in the Employers 'Liability Policies Trigger Litigation, Edward Bartley Jones QC has successfully argued in the Court of Appeal that the EL policies issued by Builders' Accident respond to mesothelioma claims by reference to the time when exposure to asbestos occurred and not by reference to the time when mesothelioma developes or manifests itself.

Today's case (one of 6 on which judgement was handed down by the Court of Appeal) follows on from an earlier decision of the Court of Appeal (Bolton MBC v MMI (2006) in which Edward Bartley Jones QC was also succesful- certain EL Insurers sought to apply Bolton (a decision on Public Liability policies) to their EL Policies- the effect of the Insurers' arguments would have been that Employers would in many instances have been uninsured for mesothelioma claims and if (as frequently occurred) the Employer became insolvent or ceased to exist then the mesothelioma victims would not recover compensation.

The position in the other lead cases is more complex granted the terms of the Court of Appeal's judgement and the wording of the policies in those cases. Only for Thomas Bates (and in one other case involving Builders' Accident) was there a clear and outright victory against the Insurer. Permission was given in all the cases for an Appeal to the Supreme Court.