House of Lords delivers devastating judgment for victims of asbestos cancer
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.
“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.”
Fieldfisher 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.