UK
Ireland
Scotland
London
Construction News
08/10/2010
Dying Asbestos Victims Denied Justice By Courts
.gif)
Construction union UCATT has pledged to campaign vigorously in order to overturn a decision announced in the Court of Appeal, which will mean that thousands of dying asbestos victims will be barred from claiming compensation.
The Court of Appeal has ruled in favour of a case brought by the insurance industry. Under the "trigger issue" case, the insurance industry successfully argued that the insurers at the time a worker was exposed to asbestos, were no longer liable to compensate the victim. Instead the trigger for compensation should be when symptoms developed and the insurer at that time should be liable.
In most serious asbestos related illnesses, such as the incurable lung cancer mesothelioma, there is around a 30-year latency period between exposure and the disease developing.
Many victims develop asbestos diseases after retiring from work. If the Appeal Court judgement is allowed to stand, they and their families will not be able to claim any compensation, saving the insurance industry billions in compensation.
Alan Ritchie, General Secretary of UCATT, said: "This decision is disgraceful and perverse. This is not justice. Victims who were needlessly exposed to asbestos, will be prevented from claiming compensation, leaving the victim and their family destitute."
The Trigger case issue was originally brought by the insurance industry in June 2008 and the courts originally found against the insurance industry. The insurers then appealed and took the case to the Court of Appeal. It is expected that there will now be a further appeal and the case will progress to the Supreme Court.
Mr Ritchie, added: "The Supreme Court must act swiftly and restore confidence in the judicial system, by overturning this judgement. Hundreds of people are having their cases delayed because of this decision. Sadly many of them will die before the trigger case can be resolved and compensation restored."
It is feared that if the decision is not overturned then the insurance industry will use the judgement to dismantle most forms of occupational injury and illness compensation.
UCATT will be campaigning with sympathetic MPs, unions and asbestos support groups in order to have the trigger issue decision reversed.
(CD)
The Court of Appeal has ruled in favour of a case brought by the insurance industry. Under the "trigger issue" case, the insurance industry successfully argued that the insurers at the time a worker was exposed to asbestos, were no longer liable to compensate the victim. Instead the trigger for compensation should be when symptoms developed and the insurer at that time should be liable.
In most serious asbestos related illnesses, such as the incurable lung cancer mesothelioma, there is around a 30-year latency period between exposure and the disease developing.
-- Advertisement --
Many victims develop asbestos diseases after retiring from work. If the Appeal Court judgement is allowed to stand, they and their families will not be able to claim any compensation, saving the insurance industry billions in compensation.
Alan Ritchie, General Secretary of UCATT, said: "This decision is disgraceful and perverse. This is not justice. Victims who were needlessly exposed to asbestos, will be prevented from claiming compensation, leaving the victim and their family destitute."
The Trigger case issue was originally brought by the insurance industry in June 2008 and the courts originally found against the insurance industry. The insurers then appealed and took the case to the Court of Appeal. It is expected that there will now be a further appeal and the case will progress to the Supreme Court.
Mr Ritchie, added: "The Supreme Court must act swiftly and restore confidence in the judicial system, by overturning this judgement. Hundreds of people are having their cases delayed because of this decision. Sadly many of them will die before the trigger case can be resolved and compensation restored."
It is feared that if the decision is not overturned then the insurance industry will use the judgement to dismantle most forms of occupational injury and illness compensation.
UCATT will be campaigning with sympathetic MPs, unions and asbestos support groups in order to have the trigger issue decision reversed.
(CD)
Latest Construction News
29/01/2025
Caddick Construction has been awarded a £43 million contract to deliver the first phase of Cole Waterhouse's flagship regeneration scheme in Digbeth, Birmingham.
The project, known as Upper Trinity Street, marks a significant step in the area’s transformation.
Spanning 182,986 square feet, the re
29/01/2025
McLaren Construction has been appointed by O&H Properties to deliver the first phase of a £60 million Foster & Partners-designed development at the corner of New Bond Street and Grafton Street in London’s West End.
The seven-storey, 5,400 square metre prime retail and office scheme will feature ret
29/01/2025
GMI Construction Group has been awarded a contract to develop three high-specification warehouse units totalling over 175,000 square feet at Precedent Drive, Milton Keynes.
The £20 million project, commissioned by DV5 Last Mile Developments (UK) Ltd, a joint venture between Coltham and Delancey Re
29/01/2025
Plans for 106 sustainable new homes in Southville, a neighbourhood in South Bristol, have been approved as the city seeks to increase housing delivery to address growing demand.
Top 10 award-winning housebuilder The Hill Group will create a £60 million development on Raleigh Road, on land that was
29/01/2025
Bouygues UK has reached a major milestone in the fourth phase of the Hallsville Quarter regeneration project in Canning Town, London.
The project, part of the £3.7 billion Canning Town and Custom House Regeneration Programme, recently held a topping out ceremony, marking the completion of the 11-s
29/01/2025
Willmott Dixon Interiors is carrying out a significant upgrade to the roof of the National Maritime Museum in Greenwich, one of London's most iconic cultural landmarks.
As part of the £12 million project, the company is installing over 23,000 square feet of sun-protected glazing above the museum’s
29/01/2025
Equans has been appointed by Babergh and Mid Suffolk District Councils to carry out crucial decarbonisation work across the councils' housing stock, using funding secured through the Social Housing Decarbonisation Fund (SHDF).
The councils used the South East Consortium's Zero Carbon Framework to s
29/01/2025
In the world of construction, the quest for energy efficiency and sustainability is ever-evolving. Among the array of solutions available, EPS (Expanded Polystyrene) insulation stands out as a versatile and effective option for enhancing the thermal performance of buildings, particularly when used f
29/01/2025
BCP Council has completed significant coastal protection works at Hamworthy Park, ensuring its resilience against erosion for the next 20 years.
A 200-metre stretch of sea wall along the eastern promenade has been reinforced using low-carbon concrete, while new steps have been constructed to improv
29/01/2025
Geo-environmental consultancy and remediation contractor, The LK Group, has strengthened its team with a trio of recruits.
The multidisciplinary company's latest raft of hires comprises a new director, associate director and remediation manager.
The geo-environmental specialist, headquartered i
