 The hearing is expected to last several days |
A north Wales widow awarded �152,000 for the death of her husband from asbestos exposure is being challenged over her right to the money. Sylvia Barker, 58, lost her husband Vernon to the asbestos-related lung disease mesothelioma in 1996.
She is at the centre of a test case at the House of Lords.
Insurers are trying to change the law by arguing compensation should be spread between companies if a worker was exposed at more than one job.
Mr Barker, who was 57 when he died, had worked for John Summers and Sons at the Shotton steelworks on Deeside.
He was exposed to asbestos during that employment and while working for another company, and for short periods during 20 years of self-employment.
Negligence
Four years ago, in a similar case, law lords ruled that an employer who negligently exposed a worker to asbestos could be held completely liable if an employee had worked for a number of companies and it could not be proved which had caused the illness.
Mrs Barker, from Holywell in Flintshire, was awarded damages in the High Court in May 2003.
Monday's appeal, which was expected to last several days, was brought in the name of French-owned Saint Gobain Pipelines, which inherited the liabilities of John Summers.
The case is being closely followed by many mesothelioma sufferers and their families across the UK.
Angela Rees, daughter of Swansea roofing contractor Gwynfor, is attempting to get compensation following his death.
"My dad initially took the action and I'm just carrying on his behalf. Someone needs to pay for his death," she said.
"He would have been with us another 20 or maybe 30 years. Money won't bring him back but it will bring justice for him."
Mick Antoniw, a partner with Thompsons Solicitors in South Wales, who is representing local mesothelioma sufferers and their families, said: "We are hoping the challenge by the insurance companies is defeated.
"The law at the moment is very well established - if you establish one employer has exposed you to asbestos, your are entitled to be fully compensated.
"What the insurance industry is saying is that they only want to pay part of the damages and that means in many cases where you can't trace companies going back many years people will get much less compensation."
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We are hoping the challenge by the insurance companies is defeated.
