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11 December 2001

Judges rob thousands of asbestos victims and widows of compensation

Mesothelioma Compensation

The UK's largest law firm acting for asbestos victims has called for commonsense and reality from the House of Lords following today's devastating ruling by three Court of Appeal judges that will rob thousands of dying men and widows of compensation.

 As a result of this ruling there will be no compensation for victims of the terminal asbestos cancer, mesothelioma if, as is usually the case in asbestos claims, the individual was exposed to the deadly dust by more than one employer. The decision by the Court of Appeal to uphold a High Court judgment is a devastating blow to the widows and families of men who have died or are dying.

It is estimated that by 2010, 10,000 people a year will be dying of mesothelioma, twice the number who are killed annually on the roads.  Dozens of mesothelioma compensation claims have been waiting for the Court of Appeal's decision.

Mesothelioma - difficult to imagine a more drawn out or painful way in which to die

The original judge who heard the lead case of Fairchild commented that in his view it was "difficult to imagine a more drawn out or painful way in which to die".  And yet, because just one fibre can kill and Arthur Fairchild had worked with three companies who had exposed him to asbestos, his widow has got nothing.

Today's ruling means that companies can admit that they have negligently exposed workers - who then develop mesothelioma - to asbestos, yet they can now walk away without having to pay a  penny in compensation.

Insurance companies stand to save tens of millions of pounds whilst victims are potentially left penniless.

Thompsons Solicitors condemn the ruling

Ian McFall, head of the national asbestos team at Thompsons Solicitors, the UK's largest personal injury law firm, condemned the ruling.

"The Lords must unravel this mess so that mesothelioma victims and their families can get the compensation they deserve.  Is it right that employers admit blame, kill people as a result and the victim and their family gets nothing? We look to the highest court in the land to restore some sense of justice to the victims."

Sally Henson's husband Peter died this year aged 52 of mesothelioma. He had worked in at least two workplaces where he was exposed to asbestos. Mrs Henson pledged to fight "tooth and nail" against the ruling.

"This is legal fairyland. I have lost Peter and God knows if I could have him back I would but since I can't I won't allow judges to rob me or our children aged 16, 18 and 22 of compensation for the loss of their father.

"I don't want to hear about legal technicalities. Where is the compassion for the human victims of the asbestos tragedy?  If this is what you get from judges then people's lives should no more be in their hands than in those of the companies who used asbestos.  Clearly neither of them care.  Companies are going to get away scot free and the judges are allowing it."

Compensation Claim Advice

If you or someone you know has been diagnosed with an asbestos related illness,  telephone us now for accurate claim advice.

There are strict time limits in place to make any personal injury claim. For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.