THOUSANDS of families affected by so-called ‘Swindon disease’ have been given fresh hope of gaining compensation after a court ruling.

The Court of Appeal said Veronica Bussey could claim for her late husband, David, even though his exposure to asbestos could not be proved to be over a threshold stipulated in a technical note dating back almost 50 years. The judgement in Bussey v Anglia Heating could now make it easier for the families of many asbestos disease sufferers to recover compensation - including funding for immunotherapy treatment which is not currently available on the NHS.

Mr Bussey was exposed to the material between 1965 and 1968 while working as a plumber for Anglia Heating. He became unwell at the age of 70 with mesothelioma, an incurable form of cancer caused by exposure to asbestos, and died in January 2016.

Compensation had not been paid by his former employer because it fell below the level deemed unacceptable in a HM Factories Inspectorate document published in 1970, entitled Technical Date Note 13 (TDN13). However the appeal court ruled that the stated levels are a guide and not a benchmark and the claim has been returned to the original judge to reconsider liability.

Jennifer Seavor, an accredited asbestos disease specialist solicitor at Royds Withy King in Swindon, said “Since 1965 following an article on the front page of the Sunday Times, it has been public knowledge that even low levels of exposure to asbestos could cause mesothelioma.

“However, since 2011 when a case called Williams v University of Birmingham was decided, the insurers of companies that exposed their employees to asbestos have successfully used TDN13 as a defence to avoid paying compensation to some mesothelioma sufferers on the basis that they were not exposed, or could not prove exposure, to asbestos dust in excess of the levels outlined in the Factories Inspectorate document. In reality though, many companies had no regard whatsoever to what level of asbestos they were exposing their employees to.

“They often failed to monitor or reduce exposure or even provide basic breathing protection.”

Asbestos-linked illnesses have been dubbed ‘Swindon disease’ because of the terrible toll they have taken on workers employed at the former railway workshops.

The Adver reported last summer how the legacy of industrial diseases is continuing to take its toll in the town amid a dramatic rise in the numbers dying from exposure to asbestos.

About 2,500 deaths a year are being recorded across the country, with Swindon being one of the places disproportionately affected.

Miss Seavor, who is accredited with the Association of Personal Injury Lawyers, added: “Sadly here in Swindon there is a legacy of asbestos disease due the use of asbestos products by tradesmen including carpenters, plumbers and electricians working in the building industry, in factories and most notably at the railway works.

“However, we are also seeing a new generation of victims affected by asbestos disease including office workers, teachers and school pupils – who have often been exposed to lower levels of asbestos.

"I hope that this case will pave the way for current and future mesothelioma sufferers to gain access to justice and the compensation they undoubtedly deserve.”