Mesothelioma compensation secured following decades-old asbestos exposure

For many of our clients, the diagnosis of an asbestos-related disease is shocking and unexpected. This was certainly the case for our client Tim* who in early 2024, then 69 years of age, started to experience a persistent pain his abdomen and side. Following investigations, Tim and his family’s worst fears were confirmed in January 2025, when he was diagnosed with mesothelioma.

Work history and asbestos exposure as a heating engineer

Tim was, at the time, retired from his career in which he worked largely as a plumbing ad heating engineer. He built the house that he lived in with his wife and installed all of the plumbing. The diagnosis was quite the shock, for he was still so active. He did DIY, plumbing repairs and maintenance and serviced the Aga among other jobs around the home. He also cared for the couples’ animals which included two pet dogs, as well as sheep and chicken!

Tim suspected that the cause of his mesothelioma may be industrial and instructed Laura Magson, a Partner specialising in Mesothelioma and Asbestos Disease, of Boyes Turner to represent him in April 2025.

Tim was first exposed to asbestos when he started to work for William Press & Son Limited in 1973/74. He converted town gas to natural gas, working on decades-old appliances in family homes that contained asbestos components, such as asbestos board heat exchangers in water heaters and asbestos rope in boilers, creating a dusty environment.

He was then exposed again in 1979/1980 whilst working for the British Thermal Unit (Maintenance) Limited, again as a heating engineer. He again worked on old boilers and burners and had to remove asbestos rope as a result.

Instructing specialist mesothelioma solicitors

Laura immediately commenced research into the above companies. There was no paymaster located for British Thermal Unit (Maintenance) Limited. This means that the company is no longer trading and no employers’ liability insurers can be traced.

Laura was, however, able to ascertain that the successors to William Press & Son Limited was a Defendant that is well known to Boyes Turner’s asbestos claims team and whilst it is a dormant company, we had on record the details of the employers’ liability insurers and were able to direct the claim to them.

Establishing liability in multiple asbestos exposure cases

In a case like Tim’s where multiple employers exposed him to asbestos, it is impossible to trace which employer caused the disease. A specific exception in law applies which means that as long as Laura could demonstrate that an employer materially increased the risk of contracting mesothelioma, that employer is jointly and severally liable for the entirety of the damages, even if other employers contributed.

Liability admitted and securing interim compensation

The insurers for Press Construction Limited admitted liability for the negligent exposure to asbestos in mid-June 2025, after which Laura was able to secure a substantial interim, up-front payment for Tim and his family. Very sadly, Tim passed away as a result of his disease around one month later.

The claim continued on behalf of Tim’s estate and dependants, and the focus turned to valuing the claim. Laura prepared a detailed Schedule of Loss setting out the various losses as a result of Tim’s illness and resulting early death.

Laura carefully considered and quantified the cost of the services which Tim would have continued to provide but for his mesothelioma. Laura was able to gather three detailed witness statements to corroborate the losses Tim’s family will suffer as a result of his death. Tim’s losses were set out within a detailed Schedule of Loss, including the unique claim of replacement care to farm animals. The Schedule also included dependency on driving, DIY, household chores, and painting and decorating.

Laura then led negotiations with the insurer before being able to reach a suitable six-figure settlement outside of Court in early December 2025.

Mesothelioma compensation settlement achieved

Although no financial award could ever truly compensate Tim’s family for their loss, the family can at least take comfort in the fact that before Tim passed, he had the knowledge that his claim for compensation would be successful and his family would not struggle financially as a result of his illness and early death.

Laura said:

“I am pleased that we were able to successfully conclude this claim by agreeing a settlement figure that met the family’s needs. The outcome included a relatively high services‑dependency award, supported by three strong witness statements. I am particularly grateful to those witnesses for their prompt assistance, which helped secure settlement before the end of the 2025 calendar year and resulted in a significant increase in the offer to the family.”

Tim’s wife said

“My late husband Tim was diagnosed with this awful disease in January 2025. Laura from Boyes Turner visited us at home early in the year. Tim was initially reluctant to go ahead with a claim, Laura understood this completely and treated us both with a lot of patience and understanding. He did however change his mind and Laura started to put together his claim, very sadly he died before it was all completely finalised but it gave him a lot of comfort to know that the defendant had accepted liability and that his claim was successful. Following his death Laura visited again and guided me through the process of changing the claim to my name with great kindness. She spoke with my sister and my children and was very supportive and compassionate with them all. I really can’t thank her and her team enough, not just for the work she did for my family but for the work done for all mesothelioma victims”

Tim’s sister-in-law said:

“Although this will not bring dear Tim back, it will certainly help my sister (Tim’s wife) to worry a little less. Thank you so much for the fantastic work you do supporting and helping all of the families that sadly have to deal with the terrible diagnosis – you are truly remarkable!”

*names have been anonymised