Asbestos no win no fee case
Last week was filled with good news for many workers who had long suffered miserably from
asbestos. Thousands of victims who witnessed a fatal asbestos-related lung cancer are to be awarded six figure sums in
compensation after a victory that left insurers with a multi-million pound headache.
Mr Justice Burton at the High court stated that insurers were liable from when victims were exposed to the asbestos dust, and not the much later point when the disease becomes apparent.
Many of families of workers have already died from the work disease, which can take up to 40 years to manifest itself, but once diagnosed death commonly occurs within 14 months. In recent years, there have been 2,000 deaths a year; this number is expected to rise.
The families were forced to bring their legal battle after a Court of Appeal ruling two years ago stated that liability was prompted when the disease actually emerged and not at the time of exposure.
Therefore, insurers from the employers of the victims had paid compensation for mesothelioma on the basis that their liability arose at the time when a worker was exposed to the dust.
However, due to the Court of Appeal ruling, insurers then stopped paying on a ‘time of exposure’ basis and argued they were not liable because the risk cover they provided 40 years was no longer in practice.
Time for a change
In 2008, this policy was set to change and after a 9 week court marathon Mr Justice Burton commented on the liability insurance with a lengthy statement: “I recognise that the date of manifestation, the date when symptoms arise, when the tumour is diagnosable, is clear and identifiable, even on the present state of medical knowledge.”
Burton continued: “However, if I am looking for when injury takes place/occurs, or when disease is present, I do not consider that it can be left as late as the onset of symptoms. It is plain that there is, albeit unknown to the sufferer, an injury and a disease present in his or her body well before it makes itself manifest by his finding difficulty in breathing.”
The judge’s ruling means that employees can claim against the employer’s historic insurers even though there is no exact proof of when the tumours developed.
The case was brought by six test claimants led by Ruth Durham, was father died in 2003 after developing mesothelioma. Mrs. Durham commented on the verdict: “I am hugely relieved to hear of today's court decision, which will see justice done for my father and hundreds of other mesothelioma sufferers now and in the future.”
Adrian Budgen, a lawyer that acted for Mrs. Durham stated: “We are terrifically relieved and welcome this strong and common-sense judgment. It is a tremendous victory and mesothelioma victims will welcome the strong judgment given today which gives clarity and comfort to these sufferers and their families.”
Anthony Hughes, president of the Forum of Insurance Lawyers was also pleased with the verdict: “The court has upheld the status quo and consequently restored a sense of balance within the insurance market. The attempt by a small group of run-off insurers to avoid asbestos liabilities has been defeated, and we hope this will now unlock the flow of damages to mesothelioma victims.”
Lawyers acting for the claimants worked on a no win no fee basis. The total legal bills in the case could reach £10 million.
Ian Mcfall, head of asbestos policy at a law firm commented: “The outcome is a great relief for many asbestos victims and their families and a victory for fairness, justice and common sense.”
Updated on 24/11/2008