The judgment of the Court of Appeal in the combined appeals more commonly known as the Employers' Liability Trigger Litigation was today handed down by the Court of Appeal.  The Court, in a fragmented judgment, allows some of the appeals from the order of Burton J.  A number of the appellants were however unsuccessful.  The reasoning of the three Lord Justices are all different and further in the lead judgment of Lord Justice Rix he indicates that he considers himself bound by the previous decision in Bolton v MMI and that, were he not bound by the Court of Appeal’s previous decision in that case, he would have found to the contrary.  In combination, the position is therefore wholly unsatisfactory and it appears inevitable that this matter will proceed to the Supreme Court.  

Please read our briefing note on the judgment by clicking here.