Dianne Willmore
A CANCER victim’s grieving family will spend Christmas in “limbo” after a third legal challenge against her £240,000 asbestos compensation pay-out was launched.
Last night, Dianne Willmore’s legal team condemned Knowsley Council for prolonging the agony of their client’s family after it was confirmed the local authority had asked the final appeal court in the country, the Supreme Court, for permission to appeal against her court victory.
The 49-year-old was awarded the damages after convincing a High Court judge in July that her time as a pupil at the former Bowring Comprehensive School, in Huyton, caused her incurable lung cancer.
But Knowsley Council took the terminally-ill former supermarket worker to London’s Civil Appeal Court, arguing it had not breached its duty of care and it was not “reasonably practicable” to protect her from asbestos exposure. In October, Mrs Willmore finally looked to have won her battle when Lord Justice Sedley backed the original decision.
However, she died the following day after hearing Knowsley council was weighing up a fresh court bid to overturn the decision.
The council had voiced fears the case could open the floodgates to similar claims across the country.
The Court of Appeal has refused to consider an appeal.
But the Daily Post can today reveal the council has now directly approached the Supreme Court – the last court of appeal – requesting leave to appeal against the decision.
It means the £240,000 which went to Mrs Willmore’s estate remains frozen.
And her family now have an agonising wait over Christmas and the New Year to see if the Supreme Court grants the local authority’s permission to appeal against the ruling.
Last night, Knowsley council confirmed it was seeking permission to appeal but stressed it was still keeping its options open.
However, the move has been attacked by Mrs Willmore’s legal representative Ruth Davies, a partner of Liverpool-based John Pickering.
She said the council's refusal to admit defeat was prolonging the pain for her client’s grieving family.