Landmark mesothelioma ruling from High Court

Potential for higher mesothelioma compensation after High Court ruling

A ruling in the High Court last week over a mesothelioma compensation claim could have a widespread impact for other people affected by the fatal asbestos-related cancer. In the judgement, a 92-year old man who had been diagnosed with mesothelioma was awarded £50,000 compensation for his pain and suffering, much higher than the £35,000 recommended in the most recent edition of the Judicial Studies Board guidelines.

The claimant in this case had spent his career working for the National Coal Board and the British Coal Corporation. During his work, he had been exposed to asbestos fibres on numerous occasions. After retiring he was diagnosed with mesothelioma, a fatal cancer caused by exposure to asbestos fibres. At the time of his claim, he had only a few months to live. The level of compensation to be paid for his pain and suffering was disputed by the defendant in the case, the Secretary of State for Energy and Climate Change and so the case progressed to the High Court for a decision on the size of the damages.

At the hearing, before Mrs Justice Swift, the defense team had argued that as the claimant was himself very elderly at the time of his claim and his life expectancy was only a matter of months, his compensation should be reduced to reflect this. The solicitors representing the claimant argued that this was not the case and that their client was entitled to a level of compensation that was not prejudiced by his age or his life expectancy. Mrs Justice Swift agreed with the claimant’s legal team. In her written judgement, which was reported on the Law Gazette website, she said:

“A person of any age who is informed that his or her life will be cut short by the effect of a harmful substance to which he or she has been wrongfully exposed is likely to suffer a good deal of distress. Even if a deceased’s death has in the event been relatively peaceful, he or she will have been fearful since being told of the diagnosis of mesothelioma that a painful and distressing end lies in store. I consider that the appropriate award of damages lies below the lower level of the bracket of awards identified in previous editions of the JSB guidelines, but significantly above the lower level which appears in the latest edition.”

This ruling means that in future asbestos-related industrial disease compensation claims, the compensation awarded should reflect the pain and suffering endure by those affected by mesothelioma. It is likely to pave the way for elderly mesothelioma sufferers and those diagnosed with similar asbestos-related terminal conditions to claim compensation that reflects the impact that their condition has had on their life, regardless of their age or their life expectancy.

Mesothelioma compensation claims

Camps Solicitors have been building up an impressive reputation, based on getting the maximum possible compensation for their clients. Over three decades our industrial disease and personal injury solicitors have helped thousands of people to access the compensation that they deserve after an accident or after they have contracted an illness due to the environment they worked in or substances they have been exposed to whilst at work. For a free initial assessment of your personal injury or industrial disease claim, contact Camps Solicitors today to speak with one of our claims advice team.