Historic Asbestos & Mesothelioma Cases

Our expert Asbestos-Related Diseases team has been helping people claim compensation and get the support they need for more than 30 years. In that time, we’ve been pioneers in the field, representing clients in the landmark cases that have helped to challenge and shape the law. 

Some of the major cases we’ve worked on include:

• Representing June Hancock in the first environmental case of asbestos exposure 
• Representing a delivery worker who was exposed to asbestos on a site where he wasn’t employed
• Recovering costs for hospice care as well as compensation 
• Securing a Periodical Payments Order to cover treatments as and when they became necessary in the future 
• Securing a Tomlin Order to ensure that all the client’s future treatments were paid for, including treatments that weren’t yet available or hadn’t even been developed
• Working with the Victim Support Group Forum to bring claims against multiple insurers to cover a long period of asbestos exposure. 

We’re passionate about making sure everyone affected by asbestos-related diseases gets the justice and support they deserve. Many of these cases have gone to the Supreme Court and all of them have changed the rules on employers and insurers and their responsibility to those exposed to asbestos. 

We’re committed to advancing the understanding and treatment of these diseases too. For the last ten years our Education Fund has  helped   nurses to  attend ongoing training courses in relation to Mesothelioma  , and we also work closely with charities such as Mesothelioma UK. 

Scroll down to read more about each of these cases. 

June Hancock – Environmental Exposure

In 1995 we represented June Hancock in the first environmental asbestos case. June had never worked with asbestos but she grew up near the JW Roberts factory in Armley, which emitted large amounts of asbestos dust into the local neighbourhood. June’s mother died in 1982 of mesothelioma and in 1993 she was diagnosed with it as well. 

June’s case was the first of its kind. It extended a company’s duty of care to those affected by secondary exposure to asbestos, not just its employees.  Adrian Budgen successfully represented June and secured what was at the time the highest award for an industrial disease or fatal injury case of £4.37m.  

McDonald vs National Grid Electricity Transmission

We successfully represented a widow whose husband died of mesothelioma after being exposed to asbestos while working as a delivery driver. The case raised questions about what responsibility companies have for non-employees coming on-site. 

After the initial case was unsuccessful,  we  represented Mrs McDonald in her appeal at the Supreme Court in 2014. The appeal focused on the interpretation of the Factories Act and Asbestos Industry Regulations, and Mrs McDonald won by a 3:2 majority. 

Hospice Costs

In 2010 we secured hospice costs for James Wilson who had contracted mesothelioma after working at a power station in the 1950s. Mr Wilson sadly died in 2007 but the claim was brought on his behalf by his daughters. In addition to the claim they made for their father’s estate and his family, they also made a claim for St Joseph’s, where he had been cared for in the final stages of his life.

This was the first case where costs for hospice care were included in the compensation settlement. As providers of palliative care, hospices can often be a crucial end-of-life support for those suffering from mesothelioma. 

Following this landmark case, we also secured over £20,000 for a West Yorkshire hospice as part of a client’s compensation settlement. Douglas Zipfel sadly passed away in 2010, but the costs recovered on his behalf helps ensure the hospice is able to continue its vital work.

Periodical Payment Order For Future Treatment

In this landmark case we secured a PPO for our client’s future immunotherapy treatment for mesothelioma. This arrangement meant that the case could settle before medical treatment actually started. It also ensured that our client had peace of mind, knowing that all his future treatments were covered by the insurers.

This was the first mesothelioma case of its kind and represented a huge step forwards in how care costs were treated as part of compensation packages. 

Tomlin Order For New Treatments Still In Development

The Tomlin Order went even further than the PPO in that it covered not just immunotherapy, but any future treatments our client might need even those which  are  currently in development or not yet available. 

This was a crucial breakthrough in a field where new medical treatments are being developed all the time and costs are on the rise.

International Energy Group Limited v Zurich Insurance PLw We represented the Asbestos Victim Support Groups Forum in their intervention in this case, which revolved around the period an insurer could be held responsible for. In asbestos-related cases, where exposure has happened decades ago and companies have often ceased trading, this is a crucial issue, often dictating how much compensation can be claimed.

It was significant that the voices of those affected were heard in the Supreme Court during the court hearings in July 2014 and January 2015. Eventually the Court favoured a solution which will ensure that victims recover full compensation. 

Contact Us

If you or a loved one has been diagnosed with an asbestos-related disease, our team is here to help. Call us today on 0800 056 4110 or contact us online.

All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

* Subject to entering into a No Win No Fee agreement in conjunction with our Allianz Litigate insurance policy and complying with your responsibilities under its terms.