4 April 2012
Mesothelioma sufferers and their families welcomed the recent landmark decision from the Supreme Court following a five year battle through the Courts. The main issue concerned the insurance companies and which one should ultimately pay compensation to those who have developed Mesothelioma - a terminal form of lung cancer. The Court quite rightly concluded that the insurance companies liabilities were "triggered" when employees were exposed, rather than when they developed the symptoms decades later.
Lord Clark stated "the whole purpose of these policies was to insure employers against liability to their employees, and that purpose would be frustrated if the insurance companies submissions on this point were accepted."
Peter Lodge, Industrial Disease Specialist, with Russell Jones and Walker is fully aware of the importance of the decision and commented:
"This is a monumental day for sufferers and the families of Mesothelioma patients, as for too long insurance companies have tried to avoid their responsibilities for compensating victims, although clearly this Judgement means that is no longer possible. As well as those people directly affected by this Judgment it will also mean that those in the future who are unfortunate enough to develop the same condition should be able to get access to justice and financial security more easily".
Mr Lodge continued "At this stage, according to the British Lung Foundation, someone dies every five hours from Mesothelioma in the UK and some 2,000 people diagnosed every year in the UK. Sadly, we are still some way off the peak for the development of this condition which it is believed to be some time around 2015 although clearly very hard to predict. There is no known cure for Mesothelioma although new forms of Chemotherapy are being developed all the time which will hopefully provide increased life expectancy".
Mr Lodge has been pursuing Asbestos Compensation Claims in the Oxford area for the past 15 years. "It is apparent that I am seeing more and more asbestos clients every year and sadly I can only see this rise in the Oxfordshire area in the next few years, due to its industrial history, particularly from the Cowley car works which used to employ some 20,000 people in the 1970's."
This article first appeared in the Oxford Mail & Oxford Times on 04.04.2012.
