By Rob Blackburn commenting for Silverdell PLC

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“Asbestos has long been known to be a dangerous (as well as a useful) substance, employers and occupiers turned a blind eye to those dangers long after they knew or should have known about them, and mesothelioma is a dreadful disease.” Lady Hale

Implications from Wednesday’s landmark ruling.

Victims of mesothelioma have a life expectancy of just 18 months from diagnosis. Mesothelioma is an incurable cancer caused exclusively by asbestos. Asbestos does not occur naturally in the urban world, but was shipped into the UK in large quantities and added to over 3,000 products. Asbestos was used extensively in building materials and thus found its way into offices, schools, homes and hospitals. It was used extensively from the start of the last century up to the final ban in 1999.

Compensation is due because, as Lord Kerr succinctly puts it, “… employers had, in any event, been prepared to have their employee run the risk of contracting the disease.” Lady Hale added “employers and occupiers turned a blind eye to those dangers long after they knew” It is for these reasons that almost every case of mesothelioma is entitled to compensation.

Victims normally have to decide whether to accept what is offered by those responsible (if anything) or fight a legal battle that inevitably consumes their last days. This is what makes those that take these fights on so special, it is entirely selfless. Neither Dianne Willmore nor Enid Costello lived to see their victory in The Supreme Court, both passed away at different points in the proceedings. The beneficiaries are those that follow in their footsteps. Read More