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Bittersweet victory.


Byline: By Rhodri Phillips

Thousands of workers with an asbestos-related illness can continue to claim compensation after a landmark ruling yesterday ( but their payments are likely to be halved.

Mr Justice Holland, sitting at the High Court in Newcastle, ruled in favour of 10 claimants who developed pleural Pleural
Pleural refers to the pleura or membrane that enfolds the lungs.

Mentioned in: Pneumothorax


pleural

emanating from or pertaining to the pleura.
 plaques after being exposed to asbestos at work.

The condition scars the lung and leaves sufferers at a greater risk of serious diseases such as lung cancer lung cancer, cancer that originates in the tissues of the lungs. Lung cancer is the leading cause of cancer death in the United States in both men and women. Like other cancers, lung cancer occurs after repeated insults to the genetic material of the cell. , asbestosis asbestosis

Lung disease caused by long-term inhalation of asbestos fibres. A pneumoconiosis found primarily in asbestos workers, asbestosis is also seen in people living near asbestos industries.
, mesothelioma Mesothelioma Definition

Mesothelioma is an uncommon disease that causes malignant cancer cells to form within the lining of the chest, abdomen, or around the heart. Its primary cause is believed to be exposure to asbestos.
 and pleural thickening.

The defendants, who included Norwich Union and British Shipbuilders, challenged the payment of compensation to pleural-plaque sufferers, which has been standard since a High Court ruling in the mid-1980s. They argued the condition was not serious enough to have an impact on the body and if pay-outs were made, they should be limited.

But after yesterday's judgment, they must pay millions of pounds to thousands of shipbuilders, carpenters, factory workers and boilermakers exposed to asbestos. Two of the 10 claimants are from the North-East. They are Ken Johnston, 58, of Rowlands Gill, Gateshead; and Joseph Quinn, 68, of North Shields, North Tyneside. Ian McFall, head of asbestos litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 at the Newcastle office of Thompsons solicitors, who represented both, welcomed the decision, but said the level of compensation was disappointing.

"There are thousands of cases of pleural plaques at present and there will be tens of thousands in the years to come. This judgment is a victory for our clients and everyone else who has a similar claim.

"The High Court has reaffirmed the right to compensation for pleural plaques. It has held that our clients have suffered injury and that the negligent employers must pay damages. This is good law, which puts people before profits.

"It is disappointing that levels of compensation are down, but it is important for our clients that the right to compensation has been preserved."

The claimants, aged 58 to 68, worked in various industries. Seven wanted an initial payment, then more should they develop a serious condition. Each receives pounds 3,500 to pounds 4,000. The other three, who opted for full and final payment, get pounds 6,500 to pounds 7,000.

Andrew Venn, a solicitor at Thompsons, said previously claimants had received up to pounds 15,000 for a final settlement.

A spokesman for the Amicus union, who helped Mr Johnston and Mr Quinn, said the judgment would ensure thousands of workers exposed to asbestos in the past 50 years would continue to be eligible for compensation.

The defendants have the right to appeal.
COPYRIGHT 2005 MGN Ltd.
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Publication:The Journal (Newcastle, England)
Date:Feb 16, 2005
Words:422
Previous Article:Tragic end to lesson.
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