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Landmark judgment on asbestos victims

Thousands of sufferers of asbestos-related diseases will receive compensation after a historic law lords decision today which could cost insurance companies billions of pounds.
  
  


Thousands of sufferers of asbestos-related diseases will receive compensation after a historic law lords decision today which could cost insurance companies billions of pounds.

Five law lords, headed by Lord Bingham, overruled the court of appeal judgment that compensation could not be paid to workers who were exposed to the dust by more than one employer.

The groundbreaking case was brought by Judith Fairchild, from Leeds, whose husband Arthur died from mesothelioma in 1996; Doreen Fox, the widow of Thomas Fox, from Liverpool; and 54-year-old Edwin Matthews, from Rochester, Kent, who has mesothelioma.

Mrs Fairchild, who will now receive approximately £191,000 in compensation said: "We got the right result, not only for myself but the thousands affected by this terrible disease. My husband deserved to win."

It is estimated that insurance companies will face a bill of up to £8bn over the next 20 years.

Around 500 people are now expected to have their cases settled after today's ruling. Adrian Budgen, a solicitor from Irwin Mitchell, which handles many asbestos-related cases said: "In the coming years there will be literally thousands of people in the UK who will develop asbestos related illnesses and lose loved ones due to past exposure to asbestos.

"At least they will now have the comfort of knowing that the British justice system is on their side."

Roger Lyons, general secretary of the manufacturing union Amicus, said: "This is a great victory. The judgment was the only one possible for justice to be seen to be done.

"Mega-rich companies and insurance firms attempted to save millions of pounds at the expense of the pain and suffering of innocent working people."

Sir Ken Jackson, general secretary of the Amalgamated Engineering and Electrical Union, also attacked insurance companies. He said: "It is a disgrace that insurance companies have forced people to spend their final days fighting for justice in the courts."

The historic ruling was also welcomed by groups representing hundreds of former factory and shipyard workers on the Clyde, who are also seeking compensation. The area has one of the highest death rates from asbestos related diseases in the UK.

Harry McClusky, of Clydeside Action on Asbestos, said: "We welcome the House of Lords judgment although we will want to see all the details. However, our campaign for justice for asbestos victims goes on.

"For example, there are still great concerns that the inadequate insurance cover of the Turner and Newall Group - who were major Clydeside employers and recently went into administration - will leave sick and dying former employees relying on a grossly inadequate compensation scheme funded by taxpayers."

Last year around 5,000 people died from asbestos related diseases in the UK, with mesothelioma being the main cause. That figure is expected to rise 10,000 by 2010.

 

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