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Articles Insurance 8th Dec 2020

Alerter by Jack Castle – Recovery of Social Security Benefits in Certain Asbestos Cases a Breach of Convention Rights

Henderson Chambers alerter by Jack Castle.

The High Court in R. (on the application of Aviva Insurance Ltd) v Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin) has found aspects of the application of the Social Security (Recovery of Benefits) Act 1997 relating to asbestos-related injury to be a breach of Article 1 Protocol 1.

This decision will have significant impact on insurers and personal injury practitioners, as well as potential wider implications for human rights judicial review.

Read the alerter in attached document.

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