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Concerns have been raised yesterday after the Court of Appeal overturned a decision by High Court 2008, which was pronounced sufferers - mesothelioma caused by asbestos in the workplace - exposure should be compensated by the insurer which covered in their employer at the time they were exposed.

However, the Court of appeal said liability can lie now with insurers employers when victims suffer the symptoms of mesothelioma, which can start at 50 or 60 years after exposure to asbestos .the decision means victims could face more expected compensation that the exact wording used in insurance contracts must be studied.

Helen Ashton, Irwin Mitchell, who represented one of the lead providers in the case, said that it is now a question of 'pot luck"that victims are compensated and will also leave their employers and uncertain insurance where they stand.

Charles Gordon, partner at DLA Piper, said: "it is a question mark on what can mean this result for claims concerning other illnesses such as cancer of the poumon.Il is a suggestion that some insurers may seek to extend the reasoning by analogy to other similar diseases Court."

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