Widow's asbestos ruling 'dismay'

Asbestos can cause mesothelioma, a cancer of the lining of the lungs

A Flintshire widow whose husband died after exposure to asbestos says she is "dismayed and devastated" at a legal ruling which could reduce her payout.

Law Lords ruled that damages should be limited in cases where several different employers are involved.

The decision was based on three test cases, including Sylvia Barker from Holywell whose husband died in 1996.

Her solicitor said she is considering her position, and may call upon parliament to reverse the decision.

Mrs Barker, 58, was awarded £152,000 in 2003 after a court case heard her husband Vernon had worked for several different companies.

The case isn't over. It's very bad news Solicitor James Thompson

But she never received any compensation because there were appeals pending.

Now, because her husband worked with more than one employer - none of whom can be blamed specifically for his illness - the final payout is likely to be just a fraction of the original figure.

After the ruling. solicitor James Thompson said Mrs Barker was "absolutely dismayed and devastated."

"The Law Lords haven't explained how her compensation will be calculated," he said.

"She will have to go back to the High Court to find out how much she'll get. The case isn't over. It's very bad news."

Mr Barker had worked for John Summers and Sons at Shotton steelworks on Deeside, and died 10 years ago aged 57.

Self-employment

He died from mesothelioma, a cancer of the lining of the lungs, after "heavy" exposure to asbestos over the years.

He was exposed to asbestos while he was employed at Shotton as well as for another company and for short periods during 20 years of self-employment.

The liabilities of Summers were inherited by Corus UK.

But Mrs Barker's damages will now be reassessed by the High Court to reflect the proportion of blame attributable to his time with Summers rather than 100 per cent liability for his illness and death.

About 1,900 people die every year from mesothelioma in the UK and the decision will affect compensation claims running into millions of pounds.