Reported Case Law Regarding Asbestos Disease Claims
Taylor deceased –v- National Grid 20.6.01
The Court made an award of £435,230 damages to the family of a man who died from mesothelioma, aged 53. He had suffered with symptoms for four and a half years. The award included £65,000 for the deceased’s pain and suffering and the remaining damages were for financial losses, care provided by relatives, bereavement damages and damages for the loss of the deceased’s services in performing DIY tasks.
Tilly –v- Tucker 19.6.96
A male, aged 48 at the date of the trial, had been exposed to asbestos in the 1960’s whilst working as an apprentice carpenter for the Defendant. He developed pleural thickening and mild asbestosis. He was awarded total damages of £364,920 which included £40,000 for his injuries and the rest of the damages were for past and future loss of earnings, past and future care and various other financial losses.
Vincent –v- London Electricity 18.3.94
A male, aged 61 at the date of the hearing, had developed pleural plaques and asbestosis as a result of his exposure to asbestos, whilst working as an electrician in a power station. He had a 5% respiratory disability and was awarded £20,000 on a provisional basis and the Court Ordered that he should be allowed to make a further claim for damages if his asbestosis progressed beyond a 25% disability or if he went on to develop an asbestos related malignancy.
Rees & Rees –v- Mabco (102) Limited 17.5.99
A female, aged 74 when she died, had developed mesothelioma as a result of being exposed to asbestos which had accumulated on clothing worn by her husband years earlier. The Court made an award of £76,501 damages in 1999 which included damages for injuries, out of pocket expenses and for the value of care provided by relatives during the illness.
Fox –v- Manchester City Council 1.12.05
A male, aged 74 at the date of the hearing, had been exposed to asbestos whilst working as a plant engineer and chargehand for the Defendant, carrying out repair and maintenance work. He developed pleural plaques and pleural thickening and was assessed as having a 10% disability as a result of the asbestos induced disease and there was a risk this could progress further. He was also at risk of developing lung cancer or mesothelioma. The Court awarded damages of £22,900 which included £2,400 for future loss.
Any compensation awarded today would have to be adjusted to take into account the cost of inflation.