Court Of Appeal Ruling Adds To Uncertainty For People With Mesothelioma

Helen Ashton, an expert mesothelioma lawyer based in our Sheffield office, has said that people with mesothelioma and their families face more uncertainty following a ruling at the Court of Appeal.

Three judges were unable to agree on their position regarding an earlier ruling at the High Court that insurers were liable from when exposure to asbestos occurred. The judges found that in some cases the responsibility lay with the employer’s liability insurer at the time the disease process started (approximately five years before) the onset of symptoms.

Miss Ashton represented Ruth Durham, one of the lead claimants in the case. While the judgment found in favour of Mrs Durham, who was claiming on behalf of her late father, Miss Ashton says that the complex judgment will cause more uncertainty.

According to Miss Ashton it is now a matter of pot luck as to who will be compensated, with business and insurers unsure of the current position.

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