A leading trade union lawyer has dismissed expectations that a Supreme Court ruling will prompt a rush of asbestos-related litigation. The 'trigger case' judgment last week ruled in favour of allowing insurance claims by families of people who died after exposure to asbestos.

Following the ruling, the trade union Unite suggested that ‘thousands’ of cases would be launched now the insurers’ ‘responsibility holiday’ was over.

But Ian McFall, head of asbestos policy at national trade union firm Thompsons, said obstacles preventing meritorious claims for diseases such as mesothelioma were still in place. ‘Any talk of floodgates opening is ill-informed nonsense,’ said McFall. The judgment merely ‘restores the status quo’, he said.

McFall said changes to the no win, no fee system and abolishing the recoverability of after-the-event insurance – which covers medical tests and tracking down insurers – meant cases were still difficult to launch.

The cost of tracking down beneficiaries of decades-old policies is also blocking hundreds of cases, he said. It is almost two years since a government consultation recommended setting up a ‘fund of last resort’, funded by insurers, but there is still no sign of progress from the Department for Work and Pensions.

Leon Taylor, a partner at City firm DLA Piper, said the result will be ‘a relief’ to thousands of disease victims and their families, as well as employers’ liability policy holders, whose mesothelioma-related insurance claims have been on hold pending the outcome.

The Association of British Insurers welcomed the ruling and blamed the case on a ‘small group’ of insurers acting independently and at odds with the industry.

ABI director Nick Starling said: ‘The ABI and our members are committed to paying compensation as quickly as possible.

‘We have always opposed the attempt to change the basis on which mesothelioma claims should be paid, as argued by those who brought this litigation.’