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08/10/2010
Delays For Asbestos Victims
More delays are now expected for asbestos victims after appeal judges referred their compensation claims to the Supreme Court.
Judges were unable to agree on a High Court ruling that insurers are liable for damages from when the victims were exposed to asbestos.
Families now face more confusion and uncertainty, as insurers argue compensation should be from the onset of symptoms, while lawyers for victims say it should be from the time of exposure.
A verdict of victory for the victims was hailed in the 2008 High Court as employers' insurers at the time of exposure were liable to pay out on claims for mesothelioma caused by exposure to lethal asbestos in the workplace.
Today, in some of the 6,000 cases, Court of Appeal judges found that the money should be awarded to victims, whether they will receive the money is yet to be seen.
In other cases, judges said the responsibility lay with the employers' insurers at the onset of symptoms of the cancer.
The problem lies in the development of the illness, which can take up to 50 or 60 years to develop.
Another problem is the 366-page judgement, believed to be so complicated some of the victims' solicitors are said to be struggling to understand it.
Currently the details could prove irrelevant however, as insurance companies take their cases to the Supreme Court, meaning that any compensation awarded today by the court could be postponed.
(BMcN)
Judges were unable to agree on a High Court ruling that insurers are liable for damages from when the victims were exposed to asbestos.
Families now face more confusion and uncertainty, as insurers argue compensation should be from the onset of symptoms, while lawyers for victims say it should be from the time of exposure.
A verdict of victory for the victims was hailed in the 2008 High Court as employers' insurers at the time of exposure were liable to pay out on claims for mesothelioma caused by exposure to lethal asbestos in the workplace.
Today, in some of the 6,000 cases, Court of Appeal judges found that the money should be awarded to victims, whether they will receive the money is yet to be seen.
In other cases, judges said the responsibility lay with the employers' insurers at the onset of symptoms of the cancer.
The problem lies in the development of the illness, which can take up to 50 or 60 years to develop.
Another problem is the 366-page judgement, believed to be so complicated some of the victims' solicitors are said to be struggling to understand it.
Currently the details could prove irrelevant however, as insurance companies take their cases to the Supreme Court, meaning that any compensation awarded today by the court could be postponed.
(BMcN)
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Northern Ireland WeatherToday:A showery start with outbreaks most frequent north of Lough Neagh and through the morning, before dwindling during the afternoon as the northwest breezes ease and brighter spells of weak sunshine prosper. Maximum temperature 8 °C.Tonight:A dry night, save for a few light showers around the coasts, with prolonged clear spells and light winds bringing a frosty dawn for many in central and southern parts. Minimum temperature -3 °C.
