Judgment was today (21 November 2008) handed down in the High Court in the ‘Employers’ Liability Policy Trigger Litigation”.  This group of six leading cases surrounded the issue of whether the insurance policy held by an employer to cover their employees was “triggered” at the date the employee was exposed to asbestos, or the date when the victim’s mesothelioma manifested (usually several decades later).

Mesothelioma is a devastating fatal cancer caused only by asbestos which can take several decades to develop following the exposure (to asbestos).  The life expectancy of a mesothelioma victim is tragically short and according to present statistics about 2000 die from the disease each year.

Asbestos does not occur naturally in England but it was imported in vast quantities for use in industry from the late 19th Century up until the early 1980’s.  Due to the lax safety standards that pervaded for many years mesothelioma victims often find they have a legal case against their former employers for exposing them to asbestos negligently or in breach of legislation.  However, due to the often long time lapse between exposure and diagnosis, many find that their former employers have gone out of business or that their insurers cannot be traced or that the insurers themselves have become insolvent.

The implication for mesothelioma victims of losing the ‘trigger litigation’ could have been devastating.  It would have resulted in many more asbestos victims going uncompensated due to their employers (or their insurers) having gone out of business between the time when the victim was exposed and developed their illness.

Daniel Easton comments:

"We are of course delighted with the fact that the Court has seen sense in this matter.  We have many clients who were, or could have been, affected by this judgment and the Court’s decision means that we can breathe a sigh of relief, at least for now…  However, the initial decision has been described as ‘round one’ and permission has been given to appeal the decision.  It seems inevitable the matter will end up in the House of Lords and that the argument will continue for many months to come, if not longer.

The stay on cases affected by the trigger litigation has been extended until the conclusion of the appeal meaning that mesothelioma victims and their families will continue to go uncompensated until this matter is resolved.  We can only hope that the higher Courts will see that Mr Justice Burton found rightly for the victims in ‘round one’ and that ultimately these people will receive the compensation they rightly deserve."

For a free initial consultation please contact Daniel Easton on 020 7650 1200.