No compensation for wife mesothelioma victims as asbestos ...

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No compensation for wife mesothelioma victims as asbestos ...
2006-07-07
Legal insurers are pulling the plug on claims made by mesothelioma victims where the husband worked in the guilty factory and the wife was contaminated by washing his dust-ridden clothes. It is not in dispute that the late Doreen Ellis died from mesothelioma, a cancer solely caused by exposure to asbestos dust, aged 73 in January 2004 and it seems 'beyond reasonable doubt' that the source of the contamination was the Cape asbestos factory where her husband worked between 1951 and 1953. But despite the likelihood that Mrs Ellis was killed by Cape, her family will not receive any money from the ?£40m fund set up to compensate UK victims of the former Cape asbestos factory, Acre Mill in Hebden Bridge. An appeal court ruling (Maguire v Harland and Wolff plc, [2005] EWCA Civ 1 on 26th January 2005, Court of Appeal) set a precedent whereby employers are not held liable for the deaths of family members of their workers even though they may have caused them because, the court ruled,? the risk could not have been forseen at the time.
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