Asbestos decision creates uncertainty for many claimants

On Friday of last week the Court of Appeal overturned a 2008 decision of the High Court that in cases of workers exposed many years ago to asbestos it was the companies’ insurers at the time the exposure took place that were responsible for paying out compensation.

Stephen Burbidge of Humphreys & Co who acts for victims of asbestos exposure throughout the South West, the UK and workers overseas who have emigrated says that the ruling is a backwards step for workers and their families:

“Claims for workers exposed to asbestos are and always have been difficult and complex.  Claimants were usually exposed several decades before developing symptoms as a result of exposure to asbestos.  Many victims are unable to claim compensation through the Courts simply because the companies that they worked for no longer exist and, despite efforts, it is not possible to trace their employers’ liability insurers.  Conventionally, however, once an employers’ liability insurer for a defunct company is traced a claim for compensation is pursued which is dealt with by that insurer. 

The victims of asbestos need to have the confidence and security that they will obtain compensation at the end of the case as in many cases victims suffer from serious malignant conditions such as mesothelioma (a form of asbestos related lung cancer) and victims are particularly concerned that they are able to provide for their family after they have gone.

The ruling of the Court of Appeal last week will cause enormous uncertainty to lawyers and families of victims when pursuing claims because it means that individual policy wordings will need to be scrutinised and there are likely to be arguments between insurers as to which insurer is liable to pay compensation.

This means that some cases will get delayed making it less likely that victims will be able to obtain compensation during the course of their lifetime and there will be cases where victims are deprived of compensation because no insurer can be found for the time when the victim started to suffer symptoms from his condition.”

Stephen Burbidge continued however:

“There is some light on the horizon, however, because an appeal will be pursued to the Supreme Court but in the immediate future there is little doubt that victims and their families face a period of uncertainty which means that it is as important as ever for early legal advice to be sought and for a thorough investigation of a claim, including the insurance position, to be undertaken.

Humphreys & Co has successfully acted for hundreds of claimants in asbestos related matters over the past 20 years securing many millions of pounds in compensation.

We have been successful at obtaining insurance details in difficult claims and will continue to do so.  This is now more important than ever.”

CONTACT

Stephen Burbidge
Partner

Humphreys & Co.
14 King Street
Bristol BS1 4EF

Tel: 0117 9292662
Fax: 0117 9292722

Email: burbidge@humphreys.co.uk

Website: www.humphreys.co.uk/private_solicitors/articles/asbestosis_claims_1418.htm