:: Harkin Lloyd :: Solicitors ::

Patrick Downey, landlord of Downey's pub in Kensington, was awarded £4,000 damages after being diagnosed with scarring on the lungs due to asbestos exposure.

Insurance companies tried to argue that sufferers of the condition, which can lead to potentially fatal asbestosis, should not receive compensation because they had no symptoms and therefore suffered no injury.

But Mr Downey, 60, a former shop fitter living in New Brighton, will now be allowed to return to court and claim more compensation if his condition worsens. Mr Downey, who was exposed to asbestos while working as a labourer during the 70s and 80s, said: "I am pleased that people like me will be allowed to claim compensation.

"Although I have no symptoms, the condition is like living with a time bomb. I know I could develop full blown asbestosis at any time and need to know the money is there if my wife Ann has to look after me."

Norwich Union was among the companies spearheading the attempt to overturn a legal ruling expected to cost insurers and employers hundreds of millions of pounds over the next 35 years.

Their argument was rejected by Mr Justice Holland at Newcastle high court on Tuesday.

But he cut the level of compensation payouts from between £12,500 and £20,000 where a final settlement was made and up to £7,000 where left open, to between £6,500 and £7,000 as a final figure and £3,500-4,000 for the claimant to come back for more ifa serious condition developed later.

Mr Downey's solicitor Jean Harkin said : "It is good that Mr Downey will be allowed compensation and in that respect he has won his case.

"However, the levels of compensation have been cut, so although people can still claim, insurers will save millions of pounds."