A personal injury lawyer who has dedicated his life to campaigning for compensation for asbestos victims today claims that a new High Court Ruling indicates a landmark victory for asbestos victims.Solicitor and personal injury expert Peter Hankins has given over 30 years of his life to the cause, fighting tooth and nail for the ex-employees of former Chalford-based asbestos firm Fibrecrete and their families.

Many became terminally ill after their jobs at the firm brought them into close contact with the dangerous substance. The families of workers at the factory were also put at personal risk through contact with contaminated workers, in addition to facing the pain of losing loved ones.

The case has been ongoing due to the slow appearance of the effects of working with asbestos, which can manifest themselves years later in the form of aggressive cancers.

The latest twist in the rollercoaster trail of legal successes and setbacks comes with this month’s test case judgment defeating insurers, who were reluctant to validate ongoing payouts to ill workers. “It is a milestone. I feel enormous relief for the families involved,” said Mr Hankins, consultant to Rowcroft solicitors AES Winterbothams.

“This is probably one of the most aggressively fought areas of injury and disease in my professional life,” he said.

“This is also a very important case for Stroud as the lead defendant insurer was BAI and six test case victims defeated the insurers.”

Mr Hankins maintains that the insurer, BAI, had gone along for years with the payouts to the ex employees of Fibrecrete, before arguing in 2007 that the payments should only begin once symptoms of the associated diseases began to manifest themselves.

For many victims, diseases such as mesothelioma and lung cancer which are caused by exposure to the dangerous asbestos particles do not develop until up to 30 years after the original contact, by which point the majority of insurance policies would have expired.

Luckily after 6 weeks of arguing, the High Court found in favour of Mr Hankins and the ex employees of Fibrecrete.

“If they’d won there would have been nothing more disappointing than finding that, after working through a case with either a very ill person or a widow, that there was no insurance policy to pay out their compensation,” Mr Hankins said.

“These men are totally innocent but die dreadful deaths with these illnesses. There are also the wives and daughters who washed their clothes for them and inhaled the asbestos particles. These women had not done anything wrong and yet they too are deprived of their health.”

Mr Hankins, who said he came into his profession on a vocation to “right all wrongs”, expects asbestos cases to peak in about 2015.

“During the test case litigation BAI admitted that over the last two years they had rejected 284 fatal mesothelioma claims, whose f families are consequently still awaiting compensation averaging £125,000 each, which is a total of a staggering £35.5 million,” Mr Hankins said.

What Is Asbestos?Asbestos disease, mesothelioma cancers, lung cancers and asbestosis are the diseases caused because of asbestos exposure. Asbestos constitutes different naturally occurring fibrous minerals in some rocks and soil. It has found widespread use in industries and building materials such as fireproofing, roofing shingles, electric insulation, furnace, hot pipe covering, and friction products.

Mesothelioma cancers are the cancers affecting these membranes. The names of the cancers depend on the tissue or linings they affect. Peritoneal mesothelioma, pleural mesothelioma and pericardial mesothelioma are the names of cancers of linings of abdomen, lungs and heart, respectively. Pleural mesothelioma is the most common of all mesothelioma cancers and is found in 70 % of the mesothelioma patients. Peritoneal mesothelioma constitutes 10% to 20% of the mesothelioma patients while third type pericardial mesothelioma, is rare.

Serious Effects Of Asbestos Disease

Mesothelioma is the most serious of several asbestos-related diseases detected so far. This is because of the carcinogenic effect of asbestos particles. Asbestos can cause cancer of the lungs, esophagus, colon, rectum, stomach, vocal chords, and kidneys. About 70 percent to 80 percent of all cases of asbestos disease mesothelioma - a rare type of cancer of the mesothelium, the membrane that covers and protects most of the body internal organs -are the result of asbestos exposure at work. Asbestos disease mesothelioma may not immediately manifest.

The asbestos particles can lie dormant in the body for several years and manifest later, when the prognosis is very grim. It is possible that by the time the disease is diagnosed, the cancer may have already spread significantly. In view of health concerns all new uses of asbestos in the manufacturing industries have been banned in the United States from July 1989 onward. In particular, the use of asbestos in hand-held hair dryers was voluntarily stopped in 1979. Schools are required to test for use of asbestos roofing and it is removed or covered up.

One alarming fact about the mesothelioma cancers is its extended latency period. These cancers may remain asymptomatic in the body for even up to 50 years. Chances of survival for mesothelioma patients are rare and the average survival period after diagnosis is not more than 12-24 months. Surgery if diagnosed early, chemotherapy and radiation therapy are some common treatments for all types of mesothelioma cancers. People suffering from mesothelioma cancers can file lawsuits to recover damages for medical expenses and other damages. They can file the lawsuits against the persons and companies responsible for causing asbestos exposure.

A campaigning lawyer has stated that a new High Court ruling is a landmark victory for dozens of asbestos victims in the Stroud Valleys.Lawyer, Peter Hankins has looked at industrial injuries compensation for more than 30 years for ex-employees of former Chalford-bases asbestos firm Fibrecrete and their families, who were commonly made terminally ill having worked for the company.

Hankins said that the court ruling for insurance companies to pay out compensation for when a worker was exposed to asbestos and not when the symptoms appeared was a great improvement.

Hankins stated: “It is a milestone. I feel enormous relief for the families involved. This is probably one of the most aggressively fought areas of injury and disease in my professional life.”

Fibrecrete closed in 1971 but asbestos and similar illnesses have an incredibly long tail, or lead in time.

Mr Hankins commented: “If they’d won there would have been nothing more disappointing than finding that, after working through a case with either a very ill person or a widow, that there was no insurance policy to pay out their compensation.”

He furthered: “These men are totally innocent but die dreadful deaths with these illnesses. There are also the wives and daughters who washed their clothes for them and inhaled the asbestos particles. These women had not done anything wrong and yet they too are deprived of their health.”

Currently, it is thought that there are around 1,500 mesothelioma deaths a year in the UK, four or five of which are in Stroud.

Hankins said that he came into the lawyer profession on an ideal to “right all the wrongs” and he expects asbestos claims to increase in 1015.

Due to the BAI rejecting compensation claims many workers have suffered this work disease without court sympathy but BAI admitted that the rejection of hundreds of cases will lead to huge settlements.

Mr Hankins stated: “During the test case litigation BAI admitted that over the last two years they had rejected 284 fatal mesothelioma claims, whose families are consequently still awaiting compensation averaging £125,000 each, which is a total of a staggering £35.5 million.”

Asbestos cases can be difficult Many injury lawyers have found asbestos cases difficult, and until now, these cases were difficult to prove. Adrian Budgen, head of industrial disease litigation commented on his findings and on the new court ruling.

Budgen said that the number of work disease victims were huge: “It was hugely challenging because of the sheer scale of the litigation and the number of parties involved.”

Adrian then commented on the new ruling: “Mr Justice Burton found that the four insurers (BAI, Excess, Independent and MMI) were liable to provide an indemnity in respect of negligent exposure to asbestos during their policy periods.”

The new court ruling will hopefully give a new lease of life to the families who have lost loved ones to the disease.

Maureen Edwards who lost her father was happy with the decision: “My dad would have been proud that we have finally achieved justice for him, but he would have been disgusted by the lengths the insurers went to get out of paying.”

General-secretary of Unite, Derek Simpson stated it was a “hugely important victory for the victims of the deadly dust and for their families”.