Appeal against mesothelioma compensation decision fails

The Court of Appeal has ruled in favour of a mesothelioma victim’s widow - dismissing an appeal from her husband’s former employer against the decision to award her compensation.

The Court upheld a ruling from February 2007 awarding Angela Cox damages from her late husband Derek Cox’s former employer, International Combustion Limited  - now owned by Rolls Royce Industrial Power (India) Limited. Mr Cox had been exposed to high levels of asbestos whilst removing lagging from boilers for the company.

The Rolls Royce Industrial Power (India) Limited appealed against the ruling on the basis that Mrs Cox was unable prove how long her husband had been exposed to the lethal fibres, but the Court dismissed this argument and found that Mr Cox had been exposed to asbestos dust and fibres for long enough to cause an increased risk of malignant mesothelioma.

It ruled that International Combustion Limited should have been aware of the risk to its workers and should have done more to protect them.

Representing Mrs Cox, lawyer Isobel Lovett hailed the decision as a great day for mesothelioma victims and their families, and for the British justice system:

“This was a deliberate attempt from within the industry to reduce the cost of asbestos compensation. Negligent employers should be made to pay for the legacy of the asbestos disease they cause,”

The ruling brings to an end a long legal battle for Mrs Cox, who first sued the company on behalf of her husband’s estate in 2005.

Derek Cox died in 2002 from malignant mesothelioma.