Landmark legal case over Clitheroe man’s asbestos death

A LEGAL test case over the death of a Clitheroe man could trigger millions of pounds worth of claims over asbestos-related deaths.

Arthur Eddleston, who worked as a foreman and joiner at Premier Construction Ltd for 20 years, died of cancer in July 1996.

The 59-year-old had worked for the company, which manufactured preform buildings cutting up sheets of asbestos for 20 years from 1974 to 1994.

He was exposed to asbestos from the start of his employment up until 1982, a court heard.

Mr Eddleston was diagnosed with mesothelioma – a cancer of the lining of the lungs linked to asbestos exposure – in March 1996.

Now, his widow Joan Eddleston, of Low Moor, Clitheroe and her daughter, Anita Gayle Fleming, of Rishton, are claiming £178,000 at London’s Appeal Court.

In the case hundreds of millions of pounds are at stake as the Eddlestons and two other families try to secure compensation from insurers.

The case before three of the nation’s top judges, Lord Justice Rix, Lord Justice Sedley and Lady Justice Smith, is expected to last three weeks.

In May 2000 Joan won her case against Lancashire-based Premier Construction Ltd but the firm went out of business and she did not receive a payout.

However, it was later discovered that the firm had an insurance policy with Independent Insurance which declined to pay Joan any compensation.

Since then, the insurance firm has gone into compulsory liquidation and Joan has been forced to seek a payout from the Financial Services Compensation Scheme which is also refusing to pay up.

In November last year, during a High Court battle insurers claimed they should not be held liable for asbestos exposure which happened so long ago.

However, in a ruling which could cost the insurance industry millions, Mr Justice Burton handed victory to thousands of mesothelioma victims or the loved ones they left behind.

He ruled that liability arises at the time of asbestos exposure and not, as insurers claimed, at the point when the tumour actually develops.

However, insurers were granted permission to challenge the ruling.

Now, the final battle for compensation has begun and if the insurers succeed in the appeal court it could leave mesothelioma victims with no-one to sue.

Speaking outside court, Carolann Hepworth, a solicitor from Manchester-based John Pickering and Partners acting on behalf of Joan said: “Joan has struggled for more than 10 years trying to get justice and now this has become a very important case for many families. If we win the case it could change hundreds of people’s lives.”

The other two families spearheading the campaign with the Eddlestons are the O’Farrells of Merseyside and the Screach family of Nottinghamshire. – Nazia Parveen, TheCitizen (http://www.blackburncitizen.co.uk), 10:10am Friday 13th November 2009