Prior to 2006, someone with mesothelioma could claim compensation from the insurers of the company they worked for at the time of exposure to asbestos. In 2006 this changed as the Court of Appeal ruled that the mesothelioma injury did not occur until the cancer emerged.
Mr Justice Burton’s ruling means that people with mesothelioma and their families can once again claim against the insurance companies that covered their employers at the time of exposure.
Ruth Durham was the lead test case at the trial. Her father, Leslie Screach, died of mesothelioma in November 2003, after being exposed to asbestos at work between 1963 and 1968. Before his death, Mr Screach contacted Irwin Mitchell to make a claim for compensation. His daughter carried on with the claim on his behalf when he died.
Adrian Budgen of Irwin Mitchell represented Mrs Durham and welcomed the High Court judgement. He said: “Today's ruling is a real victory for asbestos cancer victims and their families, like Ruth, at the end of what has been a very long and complex trial. Over the summer the Court heard evidence from medical experts from the UK and abroad about the development of mesothelioma, as well as from a number of people who worked in the insurance industry from the 1960s onwards.
"The dangers of exposure to asbestos dust have been known since at least the early part of the last century and today's decision ensures that many mesothelioma victims who were negligently exposed to asbestos by their employers will have the comfort of knowing that they and their families will receive compensation."