All change on damages for mesothelioma

We recently reported on the controversial House of Lords decision which significantly reduced the potential liabilities of employers and their insurers for mesothelioma claims resulting from asbestos exposure: Barker v Corus (UK) plc.

At the end of July the Compensation Act 2006 came into force containing provisions which effectively reverse the effect of the Barker decision as regards mesothelioma. A defendant who has been responsible for exposing a victim of the disease to asbestos can now be held liable for the whole of the victims damages even though there may have been other employers or parties responsible for exposure at other times. The Barker principle will however still apply to other cases of "indivisible injury".