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News > February 2007 > Government to take back the compensation from Asbestos victims

Government to take back the compensation from Asbestos victims

05-Feb-07

The Government may take away the court compensation that two West Lancashire asbestos victims had won.

Winifred Rice of Ormskirk and Robert Thompson of Scarisbrick challenged the trade and industry department in a case last year over the illness caused by the lethal asbestos in the 1950's and they won the case in the High Court. The husband of Mrs. Rice, Mr.Edward died of mesothelioma in the year 2000 when he was 67 years old. The second victim, Mr. Thompson still suffers from a disease caused by the exposure to asbestos.

However, their victory in High Court is going to be confronted this week by government lawyers. According to High Court judgement, the department was responsible for the health and safety of the dock workers. Justice Silber ruled that the port labour boards were not designated to pass on the responsibility to the shipping companies which carried the asbestos cargoes.

The arguement of government lawyers is that the boards were not employers as they simply hired to arrange labour for companies. There was a rough-and-ready labour system which involved workers waiting in pens to be selected for the job by the companies. They will argue this point at London's Appeal Court.

The lawyer of victims' alleged the DTI of attempting to pass off the responsibility from the right party. Mr. Kevin Johnson, the solicitor said: "Former dock workers who become ill from asbestos want to give their families financial security.

Mr Thompson said: "The High Court decision meant so much for so many people. At the moment I have good days and bad days. On bad day it's like a microwave oven inside you."
"The last thing Edward said before he died was that I had to go on with his case. It's so important that someone takes responsibility for what happened to him - all we wanted was for the dock board to hold their hands up and admit they should have protected him," said Mrs. Rice.

A conclusion on the appeal can be expected by the end of this month.

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