A LANDMARK legal decision will give many more sufferers of the ‘Swindon disease’ the chance to win compensation payouts from the firms that exposed them to deadly asbestos.

The Supreme Court yesterday ruled insurance liability was triggered from the time an employee was exposed to asbestos, rather than the point at which symptoms appeared.

The lower courts had previously failed to agree after four insurance companies in 2006 took the controversial step to minimise payouts by arguing an employer’s liability began when cancerous tumours started to develop.

The decision means thousands across the country, including sufferers and their families in Swindon, now have hope of bringing successful compensation claims.

Among them is Steve Dutton, whose dad Edward died of mesothelioma aged 77 in June last year, more than 50 or 60 years after he was thought to have worked with asbestos. Yesterday’s decision means Steve, his brother Mark and sister Tara can still seek some reparation for their loss.

The 55-year-old said: “The reason we feel we should bring a claim is because he really suffered in the last six months of his life.

“He still has dependents who will miss the money he was providing and we feel somebody should pay.

“Insurance companies were trying to wriggle out of it, and had the Supreme Court ruled the other way we could not bring a claim. I think this decision is common sense.

“Dad was a workaholic and was very successful. He really enjoyed life and the outdoors. He was diagnosed with cancer in January 2011 and it happened very fast.”

Swindon solicitor Brigitte Chandler, from the law firm Charles Lucas & Marshall and one of the UK’s leading experts on asbestos law, welcomed the decision.

But she said the decision will not affect those who worked on the railways as the Government had not tried to use the same defence as the insurers.

She said: “This is very good news indeed for people who develop asbestos disease and their families.

“The insurers have been trying to argue that the liability should remain with the company in place at the time the illness develops. The problem with this is that most people were exposed to asbestos up to 40, 50 or 60 years ago.

“Many companies who exposed their employees are no longer in existence and the insurance policies have been lost.”

Richard Green, of Swindon solicitors Thrings, said: “This ruling is incredibly important and could have wide implications for both the victims of asbestos and their families when seeking the compensation they are rightly entitled to.

“Payouts have ranged from between £100,000 to £400,000. It varies depending on what the sufferer did, what they would have gone on to do and whether they have any dependents.”

The Association of Personal Injury Lawyers revealed 53 people in Swindon died of mesothelioma between 2006 to the end of 2010.

President David Bott said: “More people die of mesothelioma in Swindon per head of the population than in most other parts of the country.”