Government will reverse mesothelioma ruling

The Lord Chancellor, Lord Falconer has announced changes to compensation laws which will mean victims of asbestos-related cancer will receive full compensation.

The announcement follows the House of Lords ruling in Barker v Corus in May this year that prevented thousands of mesothelioma victims from receiving a full payout . The decision reduced the amount of compensation to which they were entitled when employers and their insurers were unavailable to be sued, as well as making the whole process of claiming compensation longer and more costly.

In response The Lord Chancellor, Lord Falconer and John Hutton, the Work and Pensions Secretary, will amend the Compensation Bill - currently going through Parliament - to reverse the ruling. The amendment will mean that negligent employers will be jointly and severally liable and that claimants will be able to recover full compensation from any one employer.

Peter Williams, a partner in the Asbestos Claims Department at Field Fisher Waterhouse LLP, said:
"I am delighted the government has promptly indicated their intention to restore the rights of those suffering from mesothelioma to claim full compensation from any one employer.
"Whilst we do need to look at the detail and timing of the legislation we hope to be able to tell our clients and their families we can deal with their cases speedily and that they no longer face the prospect of losing large amounts of compensation through no fault of their own."
About 1,900 people die in the UK each year from mesothelioma, a cancer of the lining of the lungs or abdomen, which is almost always caused by exposure to asbestos.
Field Fisher Waterhouse LLP 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 1,750 successful cases.
For more details or comment please contact:
Asbestos Claims Department of Field Fisher Waterhouse LLP.
Peter Williams (020 7861 4825)
Andrew Morgan (020 7861 4036)

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