The U.K.’s Court of Appeal overruled a lower court decision that allowed workers suffering from asbestos related diseases to seek damages in cases where they had worked for more than one employer, who may have caused the condition. The ruling set aside an award of £155,000 ($222,000) to Edwin Matthews, who suffers from mesothelioma, as he was unable to establish where he had contracted it.
The three judge court reportedly admitted that its decision was a “major injustice,” but indicated it had to follow applicable rules of law. It urged Parliament and the insurance industry to try to redress the situation.
The U.K. ruling stands in stark contrast to the recent U.S. decisions against Halliburton, Inc., which awarded million of dollars to asbestos sufferers. The decision affects thousands of workers in the UK, who were exposed to asbestos in the construction, shipbuilding and manufacturing industries.
Attorneys for the plaintiffs called the decision patently unfair. It would allow compensation to workers who had only worked for one employer, where asbestos causing conditions were present, but deny recovery if two such employers were involved. They indicated that, even though the Appellate Court had denied leave to appeal to the House of Lords, Britain’s highest court, they were considering making a somewhat unusual direct appeal, in the hopes of “unraveling this mess.”|”u.k., court, rules, against, asbestos, victims
Topics Legislation
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