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Asbestos cancer victims to await Lords test case ruling
Emma Dunlop VICTIMS of mesothelioma and their families will be pinning their hopes of compensation on a test case going before the House of Lords today.
The French-owned multinational company Saint Gobain is attempting to deny mesothelioma widow Sylvia Barker compensation which had previously been awarded by a court for the death of her husband Vernon, a former employee of the company.
The case is to be heard by the House of Lords later today in what is the latest in a series of challenges to the right of asbestos disease sufferers to receive compensation.
In Mrs Barker's case, Saint Gobain is arguing that it should only be liable to pay damages for periods of guilty exposure and should not be liable to
pay 100 per cent of the compensation if other culpable employers have gone out of business and their insurers cannot be found.
The company is also arguing compensation should not be paid to mesothelioma sufferers if they had ever been exposed to asbestos during a period of self-employment, even if they were exposed as an employee in a different period.
This is despite Saint Gobain already admitting it should have protected Mr Barker, from Flintshire, from asbestos.
If successful, this case could result in thousands of mesothelioma sufferers losing all or a significant part of their compensation.
One of the victims of the disease who may miss out is Gordon Royston, 71, of Rotherham, who was diagnosed with the disease in August 2005.
Mr Royston was exposed to asbestos dust when he worked for British Steel Corporation in Sheffield. He is currently trying to claim damages from BSC for negligence.
Court proceedings started in the Royal Courts of Justice, London earlier this month.
It is hoped an out-of-court settlement will be achieved in the near future.
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Saturday 11 February 2012
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