House of Lords delivers devastating judgment for victims of asbestos cancer
03 May 2006
The House of Lords today delivered judgment in the case of
Barker v. Corus (UK) PLC and Others a case involving the asbestos
cancer mesothelioma. Mesothelioma is only caused by exposure
to asbestos and kills about 2,000 people in the UK alone each
year. In most cases it is caused by negligent exposure to
asbestos dust at work.
The House of Lords has decided today that where someone was
exposed to asbestos by a number of different employers each
employer is only liable to compensate in respect of their “share”
of the damages. This creates huge difficulties for
Claimants. Many of their former employers have gone out of
business and whilst in most cases they would have had employers
liability insurance to cover such claims these were not recorded
properly. Often one cannot discover a paymaster for each separate
employer.
Peter Williams, Asbestos Claims lawyer and partner in the firm
of Field Fisher Waterhouse LLP says:
“We act for many Claimants poisoned by their former employers
who face crippling illness and early death through no fault of
their own. As a result of this judgment many will see a
reduction in their damages causing themselves and their families
financial hardship but at the same time saving the insurance
industry millions of pounds each year.
The insurance industry have failed to keep proper records of
their own policies and for this they are rewarded: this judgment
reduces the amount they must pay to the victims of this tragic
disease.”
Field Fisher Waterhouse LLP is one of the country’s leading
asbestos disease claims firms. Over twenty-five years Rodney
Nelson-Jones and his team have recovered nearly £100M in over 1,600
successful cases.
For more details or comment please contact
Peter Williams (020 7861 4825) or
Andrew Morgan (020 7861 4036), partners in the Asbestos Claims
Department of Field Fisher Waterhouse LLP.
If you would like to find out more information about our
Personal Injury Practice, please visit our personal injury
section. You can also find out more about our expertise in asbestos
related claims.