Asbestos sufferers set to win fair play

The Government moved last night to overturn a House of Lords decision on compensation for asbestos-related deaths.

Legal affairs minister Bridget Prentice outlined amendments to the Compensation Bill to reverse the effects of the Barker v Corus judgment in mesothelioma cases.

She said: "I recognise that this is an exceptional step - but I believe that it is justified in the exceptional circumstances that apply here."

Law lords ruled that workers exposed to asbestos dust by several employers must seek compensation from each.

Since 2002, sufferers had been able to seek full compensation without proving which employer had caused the exposure.

The judgment would mean claims could take much longer to conclude and would make them more difficult and time-consuming for claimants. In some cases they would not receive full compensation.

The amendment would mean those suffering from mesothelioma due to another's negligence can receive full compensation from "any responsible person" as quickly as possible.

It would then be open to that person to seek a contribution to the damages awarded from other negligent persons.

Mesothelioma is a cancer of the lungs or abdomen almost always caused by exposure to asbestos. There are more than 1,800 cases a year in the UK.

Among those set to benefit is Sunderland widow Mary Murray, 84, who was awarded £45,000 in March 2004 after her husband John contracted the fatal illness during his time as a welder in various Wearside shipyards.

Mr Murray died in 1999, but one of his employers, British Shipbuilders (Hydrodynamics), argued it should only pay a portion of the compensation because it had contributed only towards 42% of Mr Murray's asbestos exposure.

Ian McFall, her lawyer at Thompsons Solicitors in Newcastle, said: "It is fantastic news for the fight to ensure justice."

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