Asbestos Justice’s Associate Director, Helena Cameron, was at this year’s Asbestos and the Law Conference in Liverpool.
Read the full account of the day’s events.
This time last week I travelled to the Merseyside Asbestos Victims Support Group Conference 2014 at the Liverpool Maritime Museum. I had been previously a few years ago but did not realise what a fulfilling and inspiring day was ahead of me.
Robert Vojakovic, President of the Australian Asbestos Diseases Society
The day began with a DVD presentation by Robert Vojakovic, the President of the Australian Asbestos Diseases Society who is based in Perth.
Robert had spent time in the 1960’s working at the infamous CSR blue asbestos mine at Wittenoom. During the 1970s he became aware of a lack of support for former Wittenoom miners and other asbestos disease sufferers and in the early 1980’s he formed the Asbestos Disease Society of Australia (ADSA) in Western Australia. Robert has dedicated the last 28 years presiding over the ADSA and managing the Asbestos Diseases Advisory Services of Australia.
Through these organisations he has provided essential services and support to victims of asbestos diseases and their families throughout Australia. Such services have included counselling, medical and legal assistance, community awareness and economic assistance. He has also successfully lobbied the government to change the Statutory Compensation Laws, the Limitation Act and the entitlements to families in the matters of estate and dependency.
The presentation provided an insight into the mining and use of asbestos in Australia with discussion of the mining at Wittenoom together with details as to the effects that this asbestos exposure had had on communities. Robert provided us with details of the incidence of asbestos disease in Australia stating that there have already been over 20,000 deaths due to the inhalation of asbestos fibres and confirmed that it was estimated that a further 15,000 would die by the year 2015.
He showed us some rather haunting photographs of the workers at Wittenoom, most of whom had since died of mesothelioma. The photographs showed happy, fit and young workers. How tragic to think what their hard work would lead to.
Following the DVD, delegates at the conference then had the fantastic opportunity to ask Robert questions over a live video link to Perth. Tony Whitson, the Chairman of the Asbestos Victims Support Groups, asked about what government support was available for mesothelioma research in Australia. Robert confirmed that there had been very little money in the last 10 years for research and that money had mainly been raised through fundraising. Questions were asked about the Australian legal system for dealing with asbestos disease claims and the Australian approach to dealing with asbestos still present in buildings.
If the course had ended at this point I would have felt satisfied but this was only the beginning of the day.
Simon Kilvington, Barrister, Byrom Street Chambers in Manchester
The next speaker was asbestos disease specialist Barrister, Simon Kilvington, from Byrom Street Chambers in Manchester. He provided a full update as to the legal position in asbestos disease claims. He referred to recent cases and discussed the implications for asbestos disease cases going forward.
At Asbestos Justice, Simon Kilvington is our preferred barrister. With his expertise we know that our clients are getting the best advice and representation.
Simon has been involved in a number of very high profile asbestos disease cases and his experience is extensive. The update was very comprehensive and as there were a lot of solicitors at the conference it was very welcome.
Lord David Alton of Liverpool and Kate Green MP
The morning then moved from a legal emphasis to more of a political emphasis with talks from Lord David Alton of Liverpool, an Independent Crossbench Life Peer, and Kate Green, MP for Stretford & Urmston, Shadow Minister of State for Work & Pensions.
Lord Alton has recently campaigned tirelessly on trying to introduce amendments to the Mesothelioma Bill (enacted in April 2014) for provisions to be made for research into finding a cure for mesothelioma. He has also argued that mesothelioma sufferers are not to blame for rising compensation claims and should not have to pay additional legal costs. He discussed the real need for an increase in the funding for mesothelioma research outlining that the UK has the highest rate of mesothelioma in the world. He commented that relatively little is spent on mesothelioma research in the UK measured against other cancers.
For example, in 2012 the National Cancer Research Institute reported that £1.2m was invested in mesothelioma research, a sum significantly lower that the £9.9m and £5.3m spent on skin cancer/melanoma and myeloma, two cancers that cause a similar number of deaths each year. Part of Lord Alton’s campaign to increase mesothelioma funding research involved a proposed amendment to the Mesothelioma Bill to include provision for a small additional levy on insurance companies active in the Employers’ Liability insurance market. This had the potential to raise a further £1.5m per year for mesothelioma research but sadly the amendment was narrowly defeated.
Campaigning continues with discussions with the ABI (Association of British Insurers) to try and introduce a voluntary levy but nothing has been secured as yet. Lord Alton went onto discuss the agreement reached between the British Lung Foundation and four leading insurance companies in 2010. This agreement saw them collectively grant £1m a year for three years to invest predominantly in research into mesothelioma and potential cures. The results have been impressive. Research specialists have started taking an interest in the disease, bringing new expertise and insights.
Europe’s first mesothelioma tissue bank has been created to collect and store biological tissue from mesothelioma patients for use in research and a trans-Atlantic collaboration to map the genetic architecture of the disease is now being funded. This will be a crucial step to finding a cure. However, it remains a real concern that funding will not be forthcoming unless there is specific legislation to formalise the insurance industry’s duty to contribute. Campaigning continues.
Kate Green MP continued the political theme by outlining the intentions of the Labour Party with regards to mesothelioma, dealing with the disease and funding for research. Criticism was made of the ABI and the way it has approached asbestos disease claims and mesothelioma research funding.
James Dalton, ABI Head of Motor and Liability
To provide the other side of the argument, James Dalton, the Head of Motor and Liability at the ABI (Association of British Insurers) was then welcomed to the podium. The welcome was relatively short lived given the significant number of people in the room representing the interests of mesothelioma sufferers and claimants. He attempted, but miserably failed, to convince the audience, including some mesothelioma sufferers themselves, that the only thing holding back claims for mesothelioma was Claimant Solicitors and their wish to profit from such claims.
He talked about the efforts the insurance industry had made to collect insurance records to ensure that people trying to claim knew where to direct their claim. It was accepted by the audience that the introduction of this more comprehensive register (ELTO) was a good thing but was criticised for the fact that it had not been introduced years ago.
James stated that as a representative for the insurance industry he was not opposed to a levy for insurance research but when asked whether he agreed with it and what his views were on how this would be introduced and at what level, he refused to comment further. Needless to say the questions and answer session following his presentation was rather longer than with any of the other speakers.
In a room with a good number of Claimant solicitors and asbestos support group representatives, there was outrage at his comments and views, and the temperature in the room certainly rose.
Meeting families of the sufferers
After the rather heated and long debate we all adjourned for a leisurely (albeit late) lunch. I had the absolute pleasure of sitting next to and enjoying lunch with a lovely couple from Prenton. Sadly the husband was suffering with mesothelioma and had come to the conference with his wife to show his continued support for the efforts of the support groups. They told me that they came to the conference every year and it was clear that they were pleased to be a part of the community. We talked about the course but then chatted about the holidays that they had enjoyed and still enjoyed together. The gentleman was 4 years post diagnosis and his positive attitude was inspiring.
Harry Steinberg, London Barrister, 12 Kings Bench Walk Chamber
After lunch, Harry Steinberg, a barrister at 12 Kings Bench Walk Chamber, London, gave an insight into the new Diffuse Mesothelioma Payment Scheme which came into force on 6th April 2014. He outlined the intention of the scheme to provide compensation for mesothelioma sufferers who have contracted the disease but who cannot trace the guilty employer or its liability insurers.
He discussed the way the scheme worked and those that would be eligible under the scheme. This is a scheme which will hopefully plug some of the gaps caused by companies going out of business and insurance records not being capable of being traced.
Dr. Chris Warburton, Clinical Director, Aintree Chest Centre
To complete the picture, the conference ended with Dr. Chris Warburton, Clinical Director and Consultant Respiratory Physician at Aintree Chest Centre, who provided the medical perspective and discussed the current debates on medical aspects of asbestos related diseases. With many of the medical aspects of asbestos related disease being well versed, he discussed the newer and potentially more controversial aspects of asbestos related disease.
He covered the effect of low dose asbestos on lung fibrosis risk, newer studies regarding lung cancer and asbestos exposure and newer treatments for mesothelioma. Dr. Warburton is a great medical speaker using x-ray and scan images to explain clearly complex medical issues.
Final Thoughts
I came away from the conference with a real sense of community. Despite the efforts of the insurance industry to paint what we do as simply a profit making scheme, I realised that we do a good and honest job for good and honest people and I felt proud to be a part of the community. I am looking forward to next year’s conference already!
