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Asbestos Cancer Claim – Low Level Exposure Claim Appeal Welcomed

An asbestos cancer (mesothelioma) claim decision which denied compensation for a victim’s family is being appealed.

Corries have welcomed this news which might give hope to hundreds and possibly thousands of asbestos victims in the future.

The Asbestos Claim

The case of Bussey was heard by the High Court earlier this year. The case went against the Claimant and his family but permission has been given for the case to be appealed on a point of law.

The Asbestos Case background

The case was brought in respect of a man who died due to the asbestos cancer, mesothelioma. He had been employed from 1965 to 1968 by the defendants. The victim had cut cement pipes made with asbestos. He also used asbestos rope which contained brown asbestos. There was some dispute between engineering experts as to the amount of asbestos exposure.

At the trial the judge found that the levels of exposure were very limited in time and low-level. He referred to something called “Technical Data Note (TDN) 13. This note set out standards for asbestos dust concentrations to be used with incoming Asbestos regulations in 1969.

A previous case of Williams in 2011 found that that TDN 13 was a good and practical guide to apply in cases of low level exposure to asbestos.

The Issues – Asbestos Cancer

At the Bussey trial the barristers argued that both Williams and this case should not be tied by that strict standard. In particular they argued that the state of knowledge of employers at the time was such that they should have been reducing exposure to asbestos altogether.

It was also argued that there have never been any safe levels of asbestos exposure. It was said that this was true even when the guidelines were produced.

The dangers of asbestos were published in the Sunday Times in October 1965. This confirmed even small amounts of asbestos dust could cause serious illness.

A further argument was that the guidelines themselves were based on the occupational limits from companies involved in the Asbestosis Research Council (ARC). This council was run by people in the asbestos industry and not by scientists.

asbestos cancer mesothelioma
Asbestos cancer (mesothelioma) is often caused from asbestos pipes

The Outcome – Asbestos Cancer Mesothelioma

We wait with much anticipation how the courts will deal with this. Currently many mesothelioma and other asbestos victims have to face this legal argument.

The issue of low-level exposure to asbestos is one that is before the court more often. This happens as more and more people from occupations not clearly associated with asbestos get diagnosed. As many as one in six mesothelioma victims are female. Many of them were exposed to asbestos in factories, offices, shops and even from their loved ones bringing home the lethal dust and fibres on their work clothes.

The importance of the decision on these people now and in the future is grave and serious. Many thousands of people could be denied any compensation if the case does not change the law.

Asbestos Cancer – Mesothelioma – Summary

Corries Director and Asbestos Claims Manager Howard Bonnett added;

“I truly hope that the Court of Appeal looks sensibly at this case. To rely on historic dust levels set by the industry itself and then apply it to mesothelioma cases is unjust. The data notes were there to assess and help the HSE in dealing with factories – they were never intended to be used in a court of law 50 years later.

The insurance industry cannot be allowed to squirm out of its legacy to the poor victims of this terrible disease”

Corries will be watching this case and will make provide more input when the case is heard.

If you or a family member of friend has been affected by asbestos then call for FREE no obligation advice. Call our team on FREEPHONE 0800 083 739.

Metal on Metal Hips News Update

Metal on metal hips and implants have drawn recent coverage in the national media. Here is our break down of this information. These articles have focussed upon two clearly separate issues. Revised MHRA Guidance There has been some revised guidance published by the Medicines and Healthcare Products Regulatory Agency (MHRA). The MHRA have in recent years… Continue Reading

Client Testimonials

£28,000 Awarded

Gloria Langton

“I don’t think I could have coped without you and your professionalism especially on the day of the final inquest which was particularly harrowing for me. Your kindness and patience towards my father whilst he was ill was also very much appreciated.  I have and will continue to recommend you to friends, colleagues and family for your services.”

 

£19,000 Awarded

Ms Meakin

“I am very happy that this claim is now finally settled and thank you so much for the service you provided. It was exemplary. And you have been most patient with my numerous phone calls.”

£118,000 Awarded

Ms F Johnson

“I would like to thank you for your kindness to my Mother Marion Harrison during the last months regarding the claim against the MOD due to Roy’s untimely passing. Roy was one of the finest men I have ever known. Mum has appreciated all your efforts and expertise on her behalf. Thank you.”

£90,000 Awarded

Mrs V Rogers

“On behalf of Adrian and myself I would like to thank you very much for your help and endeavours to reach this satisfactory outcome.”

£22,500 Awarded

Mrs Andrews, Hertfordshire.

“I am delighted to confirm receipt of our cheque concluding our case. Thank you so much for your support throughout the process. I have really appreciated your balanced guidance and sensitivity which gave me the confidence to pursue the claim. Hopefully we won’t need your services again but if we do we will certainly be in contact! So thank you again and wishing you every success in the future.”

£55,000 Awarded

Charles & Ann Parker, Bracknell.

“Ann and I want to thank you very much for all your hard work in the successful conclusion of my case. It has been a great pleasure, once again thank you for everything”

£1,024 Awarded

Pamela Tegg, Southampton.

“I thank you most sincerely for all the effort you put in on my behalf. I hope your employers are proud of the fact you work so efficiently and to such high standards.”

£9,000 Awarded

Keith Aston, Bristol.

“Thank you for the cheque for £9,000 in settlement of my claim. Fingers crossed there will not be any further accidents; however I would like to thank you for the professional manner you dealt with my accident claim. The most important part of a solicitors job is communication and I must thank you for the way you kept me updated on what was going on.”

£130,000 Awarded

June Abbott, York.

“Thank you for handling Peters claim and getting settlement.”

 

£20,000 Awarded

Anthony Richards, Hull.

“It was always nice talking to you. You were always there! And made me feel secure and important for the few moments.”

 

Tel: 0800 655 6550 | Fax: 01904 527431 | advice@corries.co.uk

Corries Solicitors Ltd, Melroses Yard, Walmgate, York, YO1 9XF. Registered number: 5517012. Corries Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority under number: 424101. Corries are licenced by the Office of Fair Trading under the consumer credit act 1974 Ref No: 656678/1