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David has successfully handled cases in the Court of Appeal, House of Lords and Supreme Court. He has advised a wide range of clients including major insurers, the ABI, the NHS and Government Departments. He is the current head of the FOIL Disease Sector Focus team, and has served on the Court of Appeal Users Committee. He was named Defendant Lawyer of the year in 2013 and was shortlisted in 2008.
Notable cases include Rothwell v Chemical Insulations - the pleural plaques decision which saved insurers an estimated £1.4 billion. He acted for the ABI in their Supreme Court intervention in Zurich v IEG and advised major insurers on the successful Supreme Court challenge to the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill. David also advised the ABI and major insurers on the Mesothelioma Act and 2013 Mesothelioma Consultation and has other successful Court of Appeal decisions on stress at work and European Convention issues.
Latest Insights by David Pugh
Client Alerts 21/05/2020
Since 2002 claimants have proved causation in mesothelioma by using the Fairchild formula of a material contribution to the risk of disease. This is usually a simple task. Most claimants have been exposed to significant levels of respirable asbestos fibre. As we get further away from the years of heavy asbestos exposure we will get more marginal cases. We then have to look at the Fairchild test with more care. What, exactly, is material?
The HSE issued its updated report on asbestos disease incidence at the end of October 2019.
Welcome to the latest edition of disease and abuse Aware.
Client Alerts 18/04/2019
Equitas v MMI and Allocating Claims for Mesothelioma 2019 EWCA Civ 718. 17.4.2019
Two issues dominate current asbestos claims - new treatments for mesothelioma and uncertainty about breach of duty.
Welcome to the latest edition of disease aware. We’ve addressed some subjects in greater detail than normal. We hope that you enjoy it.