Asbestos victims win court battle

But the level of compensation they receive is likely to be halved following the test case, which will have implications for thousands of people in the town who were exposed to the deadly material while at work.

The case centred around pleural plaques, a benign condition which causes scarring to the lung lining and which is caused by exposure to asbestos.

Insurers, including Swindon employer Zurich, challenged the rights of pleural plaques sufferers to receive compensation, claiming the condition was not severe enough, despite three High Court rulings in the mid-1980s which found payment should be made.

But Mr Justice Holland, sitting in Newcastle-upon-Tyne yesterday ruled in favour of 10 claimants who come from around the country and worked in shipbuilding, factories, construction and boiler maintenance.

But he ruled that the level of compensation should be about half the figure awarded to previous claimants.

The case was particularly relevant for Swindon as so many people have contracted asbestos- related diseases from working at the town's railway works.

People who develop pleural plaques know they have been exposed to asbestos and that they are at greater risk of developing asbestosis, lung cancer, pleural thickening or mesothelioma, for which there is no cure.

Until the ruling, sufferers were able to claim about £7,000 for a provisional payment if they had the disease, receiving more damages if it ever developed into something more serious, or £20,000 as a final settlement, meaning they would not be able to claim if it became more serious.

Now, they will only be able to receive around £4,000 for a provisional settlement or £7,000 for a final one.

Pleural plaques sufferer Victor Day, 71, of Longcot Road, Shriven-ham, who is a former councillor and chairman of Swindon Magistrates Court, was exposed to asbestos in the early 1960s while installing boilers at various premises, including schools, around Swindon over a six-month period.

He currently has a case outstanding to claim compensation for pleural plaques and has been eagerly awaiting the judgement.

"I am obviously pleased that they have found in favour of the victims," he said.

"I'm sure hundreds of people in the area have been awaiting this decision.

"I've already decided I'm going to take a chance and opt for a final settlement. My GP has explained to me that I've probably got about 11 years left to live, so I want to take what money I can now, so that I can enjoy it."

Insurance companies will still be able to appeal against the decision, but industrial disease solicitor Graeme Chisholm of Swindon-based Thring Town-send, believes that this will not impede anybody who has outstanding cases at the moment.

He said: "This means that everyone who has been on standby awaiting this result can now breathe a sigh of relief as they are still eligible for compensation.

"The insurance companies can still appeal against the decision, but that does not stop anyone going ahead with their claim right now."

Swindon lawyer Brigitte Chandler, of Old Town-based Charles Lucas, who represents asbestos sufferers worldwide, said: "The defendant insurers were trying to argue that compensation should be withheld from this group.

"This is a triumph for sufferers. There was a danger that insurers, in an attempt to avoid payment for conditions for which they had taken premiums, might evade their responsibilities. Many of my clients suffering from pleural plaques have been anxiously awaiting this outcome."

Bill Paton, Zurich's chief claims officer, said: "We are pleased that this judgment brings some clarity to this difficult area and we also welcome the judge's pragmatic review of the appropriate levels of damages that should be awarded for people with pleural plaques.

"We are currently considering the question of appeal with our legal team."

Jamie Hill