Asbestos Litigation

The UK Supreme Court recently shot down a legal challenge from insurance companies seeking to limit their liability for asbestos compensation.

Four insurance companies had tried to argue that the liability for some asbestos-related diseases began when the tumors started to form, not when the asbestos exposure that caused them occurred.

This disingenuous argument would have had a serious impact as asbestos illnesses - such as malignant mesothelioma and asbestosis - typically take decades for symptoms to show, meaning many workers who contracted the diseases on the job don't know they have them until after they retire.

Fortunately for these workers, the high court dismissed the case.

Scottish Justice Secretary Kenny MacAskill said that the decision was a victory for the working man.

"I warmly welcome this significant decision, not least for the sake of people with pleural plaques and all those who campaigned so vigorously to help them," he told the BBC. "We firmly believe that people with this condition should be able to raise a claim for damages, and we are delighted that this decision has gone in their favor - a result that will surely bring them some comfort."