The government is to amend the Compensation Bill to make it easier for mesothelioma sufferers to receive compensation in asbestos cases, it revealed last week.

The amendment will reverse a controversial House of Lords decision in May, that each employer should only be responsible for paying a portion of the compensation awarded.


Instead, under the new Bill, negligent employers will be jointly and severally liable, enabling the claimant to recover full compensation from any relevant employer. That employer could then seek a contribution to the damages awarded from other negligent employers.


Richard Langton, president of the Association of Personal Injury Lawyers (APIL), praised the speed with which the government had addressed the 'devastating blow' dealt by the ruling in Barker v Corus [2006] UK HL 20.


However, he warned that there were other concerns relating to asbestos litigation currently under discussion. He said: 'One of APIL's particular concerns is how notoriously difficult it is for victims to actually trace their former employers, as many of them go out of business years before any disease becomes apparent.'


He added: 'We need to establish an employers' insurers bureau which would act as an insurer of last resort to help those people unable to make a claim through the usual channels.'


Trade Union Congress general secretary Brendan Barber added: 'The government is to be congratulated on doing the right thing and we hope that legislation will be introduced soon to end the wait and anxiety of those who have mesothelioma and their dependents.'


The Compensation Bill began its committee stage in the House of Commons last week.