Victory for asbestos victims
24 July 2006
Amicus say they expect the recent
injustice done to UK mesothelioma victims in the recent House of
Lords Barker judgment to end tomorrow when Royal Assent is expected
that will amend the Compensation Bill and reverse the
decision.
The Barker decision made about 11 weeks ago effectively left
mesothelioma sufferers, who had very little time to live, chasing
negligent employers and their insurers and losing compensation when
they cannot be found.
Amicus say the new bill will restore the status quo presumed
under Fairchild that a worker who contracted mesothelioma after
wrongful exposure to asbestos at different times, by more than one
employer or occupier of premises could sue any of them. It
essentially means that claimants will be able to recover full
compensation from any relevant employer, restoring justice for
mesothelioma sufferers.
Amicus’ General Secretary, Derek Simpson, said:
“We all recognise there is no real compensation
for the suffering this horrifying painful disease causes but this
law reform will mean that people suffering from this terrible
disease, and who were negligently exposed to asbestos, can now
receive the full compensation to which they are entitled as soon as
possible.”
Amicus vowed to campaign against the Barker decision,
declaring it a travesty of justice for Asbestos victims. An
emergency motion to campaign for a change in the law to reverse the
decision was overwhelmingly passed last month at Amicus sector
conferences.
Other trade unions, asbestos support groups, MPs and the TUC
also supported a reversal. Shortly after Prime Minister Tony Blair
announced the government would act quickly to bring in that
legislation to reverse the Barker decision.
- Ends -
Note to editors
Mesothelioma is a cancer of the lining of the lungs or
abdomen; it is almost always caused by exposure to asbestos. The
Barker vs Corus and conjoined cases had raised issues left
unresolved by the case of Fairchild vs Glenhaven in 2002.
