In the Personal Injury Updater 2008, the House of Lords decision that pleural plaques do not, on their own, constitute actionable damage, was discussed in detail. The topic was taken up again in the Personal Injury Updater 2009, where it was noted that the Scottish government had reversed the House of Lords decision by legislation. The British government has now announced that it will not legislate in a similar way. The reason they give is that medical evidence, although it shows that both pleural and mesothelemia are caused by asbestos exposure, does not show pleural plaques in themselves increase the risk of mesothelemia. The government has, nevertheless, introduced a non-statutory compensation scheme in order not to disappoint claimants in England and Wales who had an expectation of compensation on the basis of previous practice and law. The Ministry of Justice statement on the point is;

This Review is intended to draw your attention to developments, judicial and legislative, in land law which have occurred since the previous Review, dated March 10, 2009, which in turn was intended to update the last edition of my Text Book Beginning Land Law of June 2008. So you should be able to read the Text Book in the light of more recent developments of significance up to the date of this present Review, March 5, 2010. Similarly, you should bear these recent developments in mind when looking at the Questions and answers or listening to the recorded lectures.

 

I focus on those developments which are likely to be of significance or interest to students reading for the land law element in a first law degree.

 

In addition, you should try to keep an eye on the periodical journals for relevant articles, case notes, etc. For land law the most useful is the Conveyancer and Property Lawyer; and perhaps the New Law Journal. And you should keep abreast of further developments as they occur.

 

There should be no need to remind you of the importance of keeping up to date with developments in the law. A  knowledge of any such, relevant developments is (rightly) expected and credited by examiners. Any properly set exam paper should give you the opportunity to demonstrate such knowledge. And examiners have a habit (whether or not you might think it a ‘nasty’ habit) of setting questions inspired by recent judicial decisions. Studying law, much more than in most other subjects, is a bit like going the wrong way on a moving escalator. You have to keep running to stay in the same place.

 

One final point. Wherever possible you should try to read the actual judgment(s) in a case; rather than just a note-up such as the present. This is the only way to understand how legal reasoning is developed and to learn all that is to be learnt from a case; and to be able to give a reasoned answer to a question embracing  the relevant judicial, not infrequently conflicting, dicta.

 

Mike Harwood

March 6 2010