Asbestos appeal rejected

Alan Matthews says he was exposed to asbestos

A former sailor from Devon, who says his health was ruined by exposure to asbestos, has lost his case for compensation from the Ministry of Defence (MoD).

Alan Matthews, 65, from Exeter, said he was exposed to large quantities of asbestos dust while serving in the Royal Navy 40 years ago.

But five Law Lords refused to strip the MoD of the last vestiges of the Crown immunity, which protects it from being sued over injuries suffered decades ago.

Mr Matthews said he was "absolutely gutted" by the Lords' decision and his lawyers are now to take the case to the European Court of Human Rights in Strasbourg.

The High Court ruled for Mr Matthews in 2002

The 1947 Crown Proceedings Act barred lawsuits against the MoD over injuries sustained by services personnel, until it was repealed in 1987.

But the change was not applied retrospectively, meaning those injured before 1987 could not bring claims.

In January 2002, the High Court ruled this broke an individual's right to a fair hearing, part of the Human Rights Convention, when Mr Matthews first brought his case to court.

However, the verdict was overturned in the Court of Appeal three months later and the case was taken to the House of Lords, where it was again rejected.

Mr Matthews said of Thursday's verdict: "It's not about the rules, it's about justice, and we just haven't had it.

Asbestos dust

"I'm not going to throw in the towel. I always knew this was going to be a struggle, but the fight must go on.

"The livelihoods of too many people, including families and widows who have lost loved ones to the negligence of the armed forces, depend on the outcome of my case to give up now."

Four years ago, X-rays showed Mr Matthews' lungs had been affected by asbestos dust.

Mr Matthews believes this came from when he was exposed to the substance as an electrician in the Royal Navy between 1955 and 1968.