A LAW reform which could prevent victims of York's asbestos timebomb suing for damages has been branded a "scandalous injustice".

York MP Hugh Bayley spoke out after the Evening Press reported that people may be barred from pursuing civil action for personal injuries arising more than 30 years after they were exposed to negligence.

The Law Commission's provisional proposals for a 30-year "limitation period" could have a huge impact on former York carriageworks employees who contract asbestos-related diseases through negligent exposure to asbestos dust at the factory.

Until now, they and their relatives have been able to seek compensation, and more than £2 million has been paid out in damages by the British Railways Board on about 40 claims.

The illnesses, such as mesothelioma, take between 25 and 50 years or more to gestate, and the worst exposure to asbestos occurred at the Holgate Road works in the 1950s and 60s.

If the proposals go through unchanged, an ex-carriageworks employee who contracts fatal mesothelioma in years to come would probably be unable to seek compensation - and nor would his widow.

Mr Bayley said such a reform would create a scandalous injustice for people who have already suffered greatly.

"The Law Commission proposals do not reflect the harsh reality for people affected by asbestos."

He intended making representations to the Commission, saying that if the 30-year limitation period is to be introduced, exceptions must be made for victims of diseases such as mesothelioma which take a long time to develop.

Ryedale MP John Greenway said a balance had to be struck when considering the introduction of a time limit for civil action.

He did not anticipate any quick legislation on the reform proposals, but if it was introduced, there would need to be some provision to protect the rights of people like carriageworks employees whose exposure to negligence more than 30 years ago was already established.

The Law Commission says it needs to replace complex and incoherent limitations with ones that are simple, fair, modern and cost-effective.

Its proposals are currently out to consultation and the commission has invited representations on issues such as the 30-year limitation and the impact on people with illnesses such as asbestos.

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