Unite to take asbestos victims’ fight to supreme court
1 November 2010
Unite the union has today (Monday 1 November) confirmed it will
go to the supreme court to challenge a court of appeal ruling that
threatens to deprive thousands of asbestos cancer victims and their
families of their rightful compensation.
In a landmark ruling earlier this month the court of appeal
decided that in some asbestos cases the employer’s liability
insurance is triggered not by the exposure to asbestos in the
workplace, but by the development of the fatal cancer,
mesothelioma.
Because symptoms of mesothelioma only begin decades after
asbestos dust was inhaled the ruling means thousands of British
workers who develop the disease could be deprived of
compensation.
Unite joint general secretary Tony Woodley said: “The way the
insurers refused to pay out in these cases is a kick in the guts to
every family that’s watched a loved one suffer a painful and
degrading death from mesothelioma.
“Insurers sold their policies knowing that employers and
workers' families would rely on them. Now they’re trying to weasel
out of paying based on fancy legal argument and policy small
print.
“Unite will put its full weight behind this appeal. We will
pursue it because we want to see justice done to innocent victims
and their families.”
Ian McFall, head of asbestos policy at trade union law firm
Thompsons Solicitors said: "Asbestos victims will welcome the
decision by Unite to pursue the appeal to the highest court in the
land and the union's principled stance in opposing the insurers'
latest legal challenge."
ENDS
Contact: Ciaran Naidoo on 07768 931 315
Notes for Editors:
- Mesothelioma is a cancer of the lining of the lung caused by
exposure to asbestos. There is no cure and around 2,000 people a
year are currently diagnosed with the disease in the UK.
- For decades the insurance industry accepted that the employers'
liability insurer on cover at the time of the asbestos exposure
occurred is liable to respond to the mesothelioma claim. A number
of insurers seized upon a 2006 Court of Appeal case, [Bolton MBC v
Municipal Mutual Insurance Ltd [2006] which ruled that public
liability insurance is triggered not by the exposure but by the
development of the mesothelioma which occurs decades later. The
insurers in the trigger issue test case argue that the same
interpretation should be applied in employers' liability
mesothelioma claims.
- Unite is backing the appeal in Edwards v Excess Insurance
Company Ltd, one of six test cases which were the subject of a
court of appeal ruling on 8 October 2010
- Charles Michael O’Farrell died aged 81 in October 2003 just two
months after he was diagnosed with mesothelioma. His daughter
Maureen Edwards is pursuing the claim on behalf of the family
following her father’s death. Her claim is backed by Unite the
union, of which her father was a member.
- Charles was exposed to asbestos while working for Humphreys
& Glasgow Limited as a steel erector from 1964 to 1967. During
his employment he was based at the Linacre Gas Works in Bootle,
Merseyside where he came into contact with asbestos on a daily
basis. Before he died he said he was never warned that asbestos was
dangerous. The family was awarded £152,000 in compensation
against Humphreys & Glasgow Limited by the county Court in
2007. Excess Insurance Company Ltd insured Humphreys &
Glasgow at the time Charles worked for the company.
