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Last Updated: Wednesday, 3 May 2006, 15:39 GMT 16:39 UK
Legal setback for asbestos cases
Asbestos removal
Mesothelioma is an asbestos-related cancer
MSPs are being urged to intervene in the cases of thousands of people who have contracted cancer after working with asbestos.

Following a ruling in the House of Lords, those who contracted cancer and the families of those who died are to have their compensation payments cut.

The Law Lords upheld an appeal by the insurance industry.

Campaigners say they may ask the Scottish Parliament to pass its own law giving sufferers full compensation.

The appeal to the House of Lords came from insurance companies fighting damages claims.

They argued successfully that compensation should be limited where a worker had several employers - none of whom could be specifically blamed for the onset of the fatal condition.

The one dissenting voice came from a Scottish judge, Lord Rodger of Earlsferry.

He said that an individual should receive a full compensation payment no matter where they contracted mesothelioma.

The only winner is yet again the insurance industry that now stands to save billions of pounds in compensation payments while dying victims are losing out
Frank Maguire
Thompsons

Lord Roger said the ruling went against an important principle of Scots law, that liability could not be apportioned.

The legal team representing the families of victims included claimant injury specialists Thompsons Solicitors and John Pickering and Partners.

Solicitor Advocate Frank Maguire, who is based at Thompsons' Glasgow office - which represents hundreds of asbestos victims - said MSPs should now change the law.

"This decision will make no sense to anyone," he said.

"The only winner is yet again the insurance industry that now stands to save billions of pounds in compensation payments while dying victims are losing out.

Separate law

"If an employer negligently exposed a worker to asbestos and mesothelioma is caused by asbestos then the employer and their insurer should be liable to pay up in full for the consequences of this terrible disease.

"It matters not whether there is another employer long gone who also exposed them."

Mr Maguire said he would now be consulting with Clydeside Action on Asbestos and the Clydebank Asbestos Group, who represent many sufferers of asbestos-related illnesses.

One course being considered is to ask the Scottish Parliament to pass a separate law that would still entitle sufferers living in Scotland to claim full compensation in light of the views expressed by Lord Rodger.


SEE ALSO:
Asbestos compensation move urged
13 Aug 04 |  Scotland
'A silent dust death sentence'
30 Jan 04 |  Scotland
Fast-track for asbestos cases
21 Mar 03 |  Scotland


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