The Asbestos Victims Support Group Forum UK has championed a campaign to the High Court to prevent the destruction of a vast number of documents, which were pulled together as a part of disclosure in the case of Concept 70 & others v Cape International Holdings Ltd [2017].
What was the Concept 70 case?
The original claim from Concept 70 was for a financial contribution from Cape, to the settlement of a number of asbestos disease claims which related to asbestos exposure between 1955 and 1980 with Cape.
A huge amount of disclosure was pulled together as a part of this claim in order to consider the insurers request for contributions from Cape. The Concept 70 case was settled before any judgment was handed down and The Asbestos Victims Support Group Forum UK had heard that a term of the settlement was that many of the documents held by Cape would soon be destroyed.
What did the Asbestos Victims Support Group Forum UK do?
The Asbestos Victims Support Group Forum UK appointed Graham Dring to bring the claim on their behalf. An application to the Court that these historic asbestos documents be preserved was made, pending a further application for disclosure.
On 5 December 2017 Master McCloud in the High Court, who also used to sit as a specialist asbestos judge, granted permission for a number of disclosure documents in the Concept 70 claim to be made available including witness statements, expert reports, transcripts, disclosed documents relied on by the parties at Trial, written submissions and skeletons and statements of case.
Why is this decision important?
The decision to order disclosure of these documents is significant for both mesothelioma claims generally and in particular future and current claims against Cape. It is hoped that the documents will allow an insight into the historic practices surrounding the use of asbestos in the asbestos industry and will assist mesothelioma and asbestos claimants to progress their claims as swiftly as possible to a successful conclusion.
What is so important about Cape?
Cape is intrinsically linked with the asbestos industry in the UK. It has frequently been thought that Cape hid their knowledge of the dangers of asbestos from their work force and the general public for
a number of years, these documents will hopefully shed some light on this. Cape played a critical role in the asbestos industry and gave evidence to the Advisory Committee on Asbestos and heavily influenced historic policies on asbestos usage.
We fully support the decision to allow for disclosure of Cape’s documents and believe that this will greatly benefit our clients with mesothelioma.
What might the documents be used for?
In handing down her judgment Master McCloud considered the request for what the documents might be used for:
- Make the material publicly available
- To promote academic consideration as to the science and history of asbestos and asbestolux exposure and production
- To improve the understanding of the genesis and legitimacy of TDN13 and any industry lobbying leading to it in the 1960s and 1970s
- Understand the industrial history of Cape and its development of knowledge of asbestos safety
- Clarify the extent to which Cape is or is not responsible for product safety issues arising from the handling of asbestolux boards
- To assist court claims and the provision of advice to asbestos disease sufferers.
