Trial in Concept 70 & ors v Cape International Holdings Ltd set to begin

Concept 70 & ors v Cape International Holdings Ltd is a major product liability action, in which subrogated claims have been brought on behalf of insurers that settled employers’ liability claims arising out of exposure to asbestos between 1955 and 1980. The insurers seek contributions to those settled claims from Cape International Holding (CIH), the manufacturer of asbestos products including Asbestolux and Marinite.

If the claims are successful, Concept 70 may prove to be the most significant piece of asbestos litigation since Rothwell v Chemical & Insulating Co [2007] UKHL 39 (the pleural plaques test cases). It would of course open the door to other insurers wishing to bring similar contribution claims against CIH. A less direct consequence is that it may assist individual victims of mesothelioma and other asbestos-related diseases to establish a cause of action against CIH. This would be of particular significance to those who were self-employed at the time of their exposure and are therefore unable sue an employer.

The trial is listed for 6 weeks from 16 January before Mr Justice Picken. We will be following its progress closely and keeping you updated via the blog.

Kate and Max.

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