In a decision given by the House of Lords, the Court have slashed the recovery of damages for those who suffer from Mesothelioma.

Mesothelioma is a form of cancer which affects the lining of the sufferer's lungs. The long delay between exposure to asbestos fibres and development of the condition means that even though the use of asbestos has greatly diminished in recent years, the numbers of cases of people diagnosed with mesothelioma is expected to rise. According to figures published by the British Lung foundation, approximately 2000 people die each year from Mesothelioma, with this expected to peak in approximately 2015 at  as much as 2450 people each year.

Previous to the Court's decision in May 2006, those that suffered from mesothelioma were entitled to seek compensation from any former employer who had made a material contribution to that persons asbestos exposure. This contribution was for the whole amount of the sufferer's compensation.

The employers and insurers took the case of Sylvia Barker to the House of Lords to try to get the current legal position changed.

In the House of Lords judgement, the Court have ruled that each employer was liable only for the extent of it's contribution to the sufferer's exposure to asbestos fibres. Where former employers and their insurers can no longer be traced then the sufferer will only be able to recover a fraction of the compensation which he or she would have received previously.