Woman welcomes landmark asbestos ruling

Tuesday 15th March 2011, 5:57PM GMT.

Kate Howard from North Shropshire with pictures of her late mother Enid Costello.
Kate Howard from North Shropshire with pictures of her late mother Enid Costello.

A Shropshire woman whose mother died of cancer after exposure to asbestos has welcomed a landmark court ruling which could pave the way for other sufferers to get compensation.

Kate Howard, from north Shropshire, lost her mother Enid Costello to malignant mesothelioma in January 2006, aged 74. But now Mrs Costello’s family has won a groundbreaking compensation claim against her former employer – Greif (UK) Ltd.

Mrs Costello is said to have breathed in dust containing asbestos when she was a secretary at a packaging factory in Ellesmere Port.

A ruling by the Supreme Court last week means mesothelioma sufferers who can prove their cancer came about through “low level” exposure to asbestos can now pursue compensation.

Mrs Howard said today the ruling brought an end to years of legal cases for Mrs Costello’s three children and eight grandchildren.

She said: “I’m really pleased because it paves the way for other people not to have to go through what our family has been through.

“If you’re dying, as mum was, with 12 to 18 months left to live and you have to start all this legal wrangling to get compensation you can’t concentrate on living the end of your life.

“When I’m gone, mum’s name will still be remembered for this landmark ruling.

“It’s a shame the family has had to do six years of fighting to prove mum got the cancer from where she got it from, but at least anybody else with mesothelioma from asbestos exposure in future won’t have to go through it.

“It was hard enough having her taken away from us but all this time we haven’t been able to grieve for her.”

The Court of Appeal had already ruled compensation should be paid in Mrs Costello’s case, but Greif UK fought the ruling in the Supreme Court – the highest court in the land – and lost.

Greif had argued it could only be held liable if it could be proved it was responsible for causing exposure to asbestos that had at least “doubled the risk” of mesothelioma. Rejecting the argument, the Supreme Court ruled there was no requirement for a claimant to show a doubling of risk.

By Tom Johannsen

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