Victory for asbestos-related cancer victims and their families in an important test case over access to compensation
Friday 11th March 2011 This ruling has opened the opportunity for anyone who has been left ill, dead or dying from as little as one morning of contact with asbestos 30 years ago to claim compensation.
The Supreme Court has ruled in favour of the relatives of Dianne Willmore and Enid Costello, who both fell victim to malignant mesothelioma.
The first victim, Dianne Willmore, 49, died from malignant mesothelioma in October 2009 - just hours after the Court of Appeal ruled that she was entitled to £240,000 compensation from Knowsley Local Authority. Dianne was exposed to asbestos on several occasions in the seventies while she was a pupil at Bowring Comprehensive School. Asbestos insulation ceiling tiles had been taken down and stacked in a busy corridor while electricians worked on cables in the ceiling void.
The seven justices also unanimously dismissed an appeal from Greif (UK) Ltd against a claim for compensation by the family of Enid Costello, 74, a former employee of the firm. Enid died from malignant mesothelioma in 2006 as a result of having breathed in dust containing asbestos when she was a secretary at a packaging factory in Ellesmere Port.
In setting a key precedent, the court ruled against the defendant's argument that there should be a legal level at which the risk of liability from asbestos related injuries is set, and that defendants should only be liable if they were responsible for causing exposure to asbestos that had at least “doubled the risk” of mesothelioma.
Instead the court affirmed that a Claimant did not have to prove her mesothelioma was caused by that exposure - only that a defendant's negligence had “materially” increased the risk of mesothelioma.
The victory of these families has paved the way for many other similar low level exposure claims.
"This Judgment will have enormous ramifications for anyone, including employers and schools, who have exposed people to asbestos, and where those people have very sadly gone on to develop asbestos related conditions. If someone can show they have been exposed to asbestos - even to minimal levels - they may now have the right to pursue a claim against those who exposed them to asbestos."
Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
