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Thompsons Solicitors for The Legal Line - Case History

5. Personal Injury – Asbestos – The Fight Goes On

Some recent cases involving asbestos-related disease show that there is still ongoing dispute about liability from some employers and their insurers:

Fairchild and Others v Glenhaven Funeral Services and Others (2002): This involves five similar cases, where each claimant/deceased had developed mesothelioma as a result of exposure to asbestos dust by two or more parties. The defendants tried to make the argument that although they had been negligent in allowing exposure to occur, it could not be proven that their dust had caused the illness. The cases were eventually successful after being taken to the House of Lords.

Grieves and Others v F.T. Everard & Sons and Others (2005): This involves 10 similar cases of workmen who have been diagnosed with pleural plaques, an asbestos related disease, as a result of asbestos exposure.

The employers have argued that pleural plaques do not cause any injury so should not be compensated. The judge disagreed, however, and set the compensation at a lower level than the norm. The Court of Appeal found against the claimants.  This case is now being taken to the House of Lords.

Barker and Others v St Gobain Pipelines Ltd and Others (2004): Thompsons act for one of three claimants in this case, which sees the defendants trying to employ a similar argument as in the Fairchild case above. On this occasion, they are arguing that the compensation should be reduced for any period of exposure in which the claimant was self employed or was in a period of employment not pursued as part of the case.

To succeed they will have to prove that the principle of material contribution, as in the Bonnington Castings v Wardlaw (1956) case, does not apply. They have so far failed at the High Court and Court of Appeal, however they have been granted permission to appeal to the House of Lords.

Turner & Newall PLC (in administration): This case shows the lengths to which some companies will go to avoid paying out damages for injuries and disease that they have caused. The company have filed for administration, the effect of which is that no proceedings can be brought against them and that any cases already in progress are halted, while any insurance issues are resolved. This causes great distress to the claimants involved.

In cases like these there is a need for strong action. Ian McFall, Thompsons, Head of Asbestos Policy, continues to deal with this matter from a position on the creditors committee.

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