Fairchild judgment leaves sufferers without compensation
The government will extend its compensation scheme for those with asbestos-related diseases, who were affected by the Court of Appeal's Fairchild judgment. This case allowed employers and insurers to avoid paying compensation.
The Fairchild judgment meant workers exposed to asbestos dust by more than one employer could not claim damages unless they could prove which employer was responsible for the exposure causing the mesothelioma cancer.
The judgment had been considered a boon to the insurers of such employers, who had been heavily hit by asbestos-related claims.
Secretary for transport, local government and the regions Stephen Byers said, as an interim measure, he would extend his department's compensation scheme for respiratory industrial disease sufferers.
"This is a terrible disease and it would be wrong for employees, former employees and their families to be left without help as a result of this court judgment," Byers said.
"I'm discussing with colleagues in government what further action might be taken in the longer term in response to the Fairchild judgment."
The Pneunmoconiosis (Workers' Compensation) Scheme covers those suffering with respiratory industrial diseases caused by dust and the sufferers' dependents.
It was designed for workers who could not take court action to recover damages from an employer.
However, asbestos victims and their lawyers said the rescue package, although welcome, could not be seen as a final solution.
They claimed compensation under the scheme was much lower than that available to those seeking damages in the civil courts.
Specialist asbestos solicitor Frank Maguire said the fairest solution was still for the House of Lords to overturn the Court of Appeal's decision.
In other asbestos news, Turner & Newall's administrator Kroll Buchler told a creditor's meeting last week that a decision would be made on the liabilities of the failed company's insurer "imminently".
Another meeting, with a full report on the company's global liabilities, will be held next month.
The TUC said asbestos-related diseases killed at least 5,000 people last year and mortality figures would continue to rise until asbestos exposure was controlled.
This is an increase of 2,000 since 1991.
It warned that unless greater steps were taken to ensure more people were not exposed to asbestos, the new century will see a "modern plague of asbestos diseases".
Asbestos expert Alan Dalton, speaking last week at the launch of the TUC's new guide on asbestos for workplace safety representatives, said there were still millions of tonnes of asbestos in UK homes, schools, hospitals and workplaces.
"[If] it is not removed and disposed of safely. the asbestos cancer epidemic will continue well into the 22nd century," Dalton said.
