Landmark asbestos ruling welcomed by Lancashire law firm
17 February 2005
THOUSANDS of Lancashire asbestos victims could benefit from a landmark High Court decision which ruled that sufferers will retain their right to claim compensation.
MWR Solicitors, based in Preston, welcomed the judgement after a group of insurers attempted to evade paying compensation to victims of asbestos exposure in a test case heard at High Court in London. Judgement was given in Newcastle Upon Tyne High Court.
Norwich Union, Zurich and British Shipbuilders challenged the right of people exposed to asbestos to claim compensation for pleural plaques, a scarring of the lung lining caused by asbestos exposure.
However, Mr Justice Holland rejected their argument that pleural plaques should not be compensated, although the insurers did succeed in having the amount of awards reduced.
Morag Robertson, an industrial diseases lawyer at MWR, believes the ruling will have far-reaching implications and may have an impact on Lancashire’s asbestos sufferers.
She said: “This landmark judgement is a victory for every asbestos victim who has a similar claim”.
“The High Court has established the right to compensation for pleural plaques. But more importantly it has held that people who have suffered injury should be paid damages by their negligent employers and their insurers.”
Plural plaques rarely cause pain or breathlessness and only a small number of those diagnosed also later develop full blown cancer, like the often fatal mesothelioma.
However, tens of thousands of sufferers have received around £5,000-15,000 compensation for the condition over the last two decades, because of the increased risk and anxiety caused by knowing that their lungs have been irreversibly damaged.
Morag added: “It is too early to predict the full consequences of the ruling but it could benefit thousands of asbestos sufferers.
“MWR has a specialist team dealing with such cases and anyone who has been exposed to asbestos and is concerned should still seek legal advice.”
