Victory on asbestos pay-outs
Date published: 24 November 2008
FAMILIES of mesothelioma victims will not be denied compensation from insurers, thanks to a High Court victory.
Insurers had tried to use a legal loophole to defeat claims made against them by victims of the asbestos-related cancer or their families.
The legal battle centred on when an insurers liability began — either at the time of exposure or when the disease actually developed.
On Friday, High Court Judge Mr Justice Burton ruled that employees can claim against the employers’ historic insurers even though there is no exact proof of when life–threatening tumours develop.
About 14,000 claims are brought every year in the UK, costing insurers as much as £25 million.
Guy Darlaston, partner at Irwin Mitchell law firm, said: “It’s a fundamental victory for asbestos disease victims who have claims now and in the future.”
Last year, Leigh Carlisle, from Derby Street, Failsworth, died following a battle with mesothelioma.
Diagnosed with the cancer at 26, she was believed to have been one of the youngest sufferers in the UK.
It is believed she may have contracted it as a schoolgirl while taking a shortcut through a factory yard where asbestos was cut.
Lawyers submitted a Freedom of Information request to Oldham Council to determine whether there was asbestos in three Oldham schools.
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