Asbestos victims win High Court victory

6:04pm Friday 21st November 2008

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VICTIMS of asbestos-related cancer won an important High Court victory against insurers, yesterday.

The judgement, which will make it easier to claim compensation, is expected to affect thousands of North-East asbestos cancer victims now and in the future.

The region has some of the highest death rates in the country for asbestos-related cancers such as mesothelioma.

For many years, insurers paid compensation for mesothelioma on the basis that their liability arose at the time when a worker was exposed to asbestos dust.

But, two years ago, the Court of Appeal ruled in a different legal context that liability was ‘‘triggered’’ when the disease actually developed - sometimes after 40 years or more - rather than at the time of exposure.

As a result, insurers stopped paying on a ‘‘time of exposure’’ basis and argued they were not liable because the risk cover they provided 40 years ago was no longer in force.

This summer, during a nine-week legal battle, Mr Justice Burton was asked by employees and employers to rule that the appeal court decision - made in a case of occupiers’ rather than employers’ liability insurance - should not be applied generally.

The judge gave a ruling on six test cases which means that employees can claim against the employers’ historic insurers even though there is no exact proof of when life-threatening tumours develop.

The judgement coincided with a new warning to tradesman who might come into contact with asbestos at work.

Dr Tim Peel, a respiratory medicine consultant with the Northumbria Cancer Unit, said: “Recent research conducted by HSE shows that young tradesmen in the North East, such as plumbers and electricians, know that asbestos is dangerous but just don't believe that they are personally at risk. Asbestos still presents a real and relevant risk to plumbers, joiners, electricians and many other maintenance workers today.

Asbestos may be present in any building constructed or refurbished before the year 2000, and when the asbestos fibres are disturbed by drilling or cutting, they are likely to be inhaled as a deadly dust. The other concern is that although some asbestos related conditions require protracted heavy exposure to develop, mesothelioma can occur after relatively lighter exposure compared to asbestosis.

A free asbestos information pack is available by ringing 0845 345 0055 or by visiting www.hse.gov.uk/hiddenkiller for further information.