Jim loved his work as a painter and decorator and took great pride in his work. Unfortunately for Jim* the environments he worked in for much of the 60s contained either asbestos products or were havens for asbestos dust. After learning of his mesothelioma diagnosis Jim contacted Melloney to discuss the possibility of making a claim for compensation for his occupational exposure to asbestos. Circumstances of exposure London County Council (“LCC”) and Greater London Council (“GLC”) After leaving school Jim completed a 5-year apprenticeship in painting and decorating with LCC. He commenced working for LCC in 1958, with his apprenticeship commencing in January 1959. After his apprenticeship ended in 1964, his employment then transferred in tax year 1965/66 to GLC where he remained employed until he left briefly during tax year 1966/67 for a short period before he returned to GLC in tax year 1967/68. Jim’s duties and responsibilities were much the same during his entire time with the LCC and GLC. The young apprentice’s work with the LCC and GLC took him all over southeast London doing redecoration work on council properties. These properties were mainly Victorian flats that contained old Ascot boilers. The boilers were accompanied by asbestos flues and had an asbestos panel behind them for fireproofing. Preparation work in the flats included scraping and sanding walls, with this often resulting in the asbestos panels being knocked and disturbed. Fireproof doors on the bin cupboards in the communal hallways would also need to be spruced up during the decorative works. Sanding and scraping of these doors before painting meant that asbestos dust would be left lingering in the air. Alongside the Victorian council flats, Jim worked on prefabs and modern flats in the greater London area. The prefabs were post-war temporary accommodation in the Blackheath area, while the modern flats were high rise buildings built in the 1950s/1960s. One of the estates Jim remembered had approximately 50 prefabs that had to be redecorated and refurbished. Preparation work in this estate required walls to be sanded down and wallpaper to be removed. He also recalled filling in holes and cracks before rubbing and sanding down the walls. It was very dusty and dirty work, and Jim remembers leaving the worksite covered in grit and wearing dust covered overalls. The bib and braces the company provided would need be washed at home on his own time. Work on the modern flats wasn’t much better, with the flats containing asbestos panels in the corridors and under the windows for fireproofing. The corridor panels covered pipework and cables and were screwed on. As part of the redecorating process Jim painted the communal areas as well as the interiors of the flats. He would paint the asbestos panels after rubbing and sanding down same. Jim was not provided with any form of protection and was never warned of the dangers of asbestos. T.E. Cundy & Son Limited (“T.E. Cundy”) After relocating to Suffolk in the early summer of 1966, Jim worked work for T.E. Cundy in tax years 1966/67 and 1967/68 spanning two separate periods of employment. Jim worked on a multitude of airbases as well as on council properties and new build housing estates. The work on the airbases varied. Jim recalled working in large hangers that were divided into separate workstations. He recalled people working on asbestos brake pads and completing engine testing. Asbestos dust would linger in the hangers and flow throughout the area due to the lack of ventilation. Decorating work in the offices, mess rooms, and billets also resulted in him breathing in asbestos dust. Painting of asbestos guttering and downpipes on the airbases required the same sanding and rubbing, releasing further dust into the air. Work on the new building estates and council properties exposed Jim to asbestos mainly from working alongside carpenters who were cutting asbestos materials which were cut on the same scaffolding which Jim worked off. He had to lay in the resulting dust and debris, which he then had to brush off his clothes. Jim was not provided with any form of protection and was never warned of the dangers of asbestos. Onset of symptoms After retiring, Jim kept active by playing golf and going on long walks. Maintaining this active lifestyle meant that he was largely independent at home and only required occasional assistance from his daughter who lived nearby. Unfortunately, a bought of COVID related sickness and ongoing chest problems in approximately April/May 2023 meant Jim was in and out of hospital. A previously completed triple heart bypass in November 2018 meant that any heart related symptoms were dealt with extremely cautiously, and resulted in Jim spending lots of time being poked and prodded by doctors. In early April 2024 one of these admissions resulted in a lengthy inpatient stay, with the tests and investigations conducted during this period leading to his mesothelioma diagnosis in early May 2024. Jim’s worsening symptoms meant that his mobility was dramatically reduced, and his daughter was required to provide increased care and assistance. The claims process Jim’s journey to seek compensation for his asbestos related condition started with a simple phone call. A brief conversation between Jim’s daughter and Melloney meant that the wheels of the claim could start turning, and research into Jim’s previous employers could take place. A home visit allowed Melloney to obtain detailed instructions from Jim regarding his exposure, and his lifetime evidence was preserved in a statement. Letters of claim were sent to the two former employers (“Defendants”), with a barrister then being instructed to provide advice regarding prospects of success against both companies due to the lack of a formal response on liability from either Defendant. After receiving a denial of liability from both Defendants in early October 2024, on the basis that his low exposure would not have given rise to a foreseeable risk of injury in the 1960s, Melloney prepared and commenced court proceedings in mid-October 2024. With proceedings underway, Melloney took witness evidence from Jim’s daughter who had provided considerable care and assistance as Jim’s condition deteriorated and instructed a liability expert from an expert engineer to comment on the asbestos exposure Jim suffered as a result of his employment. A first court hearing, called a case management conference, was held in early December 2024, with the purpose being to focus all parties’ attention on the progression of Jim’s claim. Melloney took advantage of the “show cause” process to argue that the GLC did not have a real prospect of defending the claim but the Court considered that they had “done enough” and the timetable was set to take the claim to a fully contested Trial in November 2025. The two Defendants were given permission to obtain their own expert medical evidence and all parties were given permission to serve expert engineering evidence. With joint statements then to follow from the medical experts and the engineering experts. With neither party giving an inch, Melloney finalised a detailed Schedule of Loss to accurately value the claim. Supplementary witness evidence was taken from Jim to provide the Defendants with an update on his condition and the impact of the diagnosis on his life. Melloney made an offer to settle the claim, which was not accepted. However, as the parties continued to comply with the Court timetable, towards the trial date set for November 2025, an offer was made on behalf of both Defendants in late June 2025, which Jim accepted to finalise his claim and bring certainty. Jim now has the funds to pay for any care costs as his illness progresses. Jim was pleased with the successful outcome and to have avoided the stress of a potential Trial in November, at which the Judge would have decided whether his claim would be successful. We cannot praise Melloney enough. Fantastic. Through the whole process you have kept us informed explained everything and been amazing. *Names have been anonymised For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact the team by email on asbestos@boyesturner.com or by telephone on 0118 952 7199.
