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We received instructions from Mr M following his diagnosis of malignant mesothelioma, which he attributed to his years spent replacing brake pads as a vehicle engineer.

Mr M had been employed by Midland Red Bus Company. During his first period of employment in the 1950’s he had chamfered, or filed, brake linings containing asbestos fibres ready to be fitted onto bus brake shoes. He had then returned to Midland Red in the 1970’s. By that stage brake linings came ready chamfered, although it was his case that he would still have been exposed to some asbestos dust.

The defendant argued that any exposure in the later period would have been minimal, and that the standard of knowledge during the earlier period was such that the dangers of exposure to even low levels of asbestos dust would not have been reasonably foreseeable.

Proceedings were issued and the claim settled upon receipt of the defence when a Calderbank offer was made.