Boyes Turner acted for Brian, who was sadly diagnosed with sarcomatoid pleural mesothelioma in 2024, aged 80. Brian had worked as a Fitter’s Mate for a heating and engineering company in the 1960s, carrying out work within the boiler room of the Royal Courts of Justice. Brian worked on the boilers in close proximity to plumbers who were mixing sacks of asbestos powder and applying lagging to pipes by hand. The boiler room was poorly ventilated and Brian worked in an environment where a lot of breathable asbestos dust was visible in the air. No masks or other protection were provided by the company to prevent employees from breathing in the dust. By the end of the working day, Brian’s overalls would be covered in asbestos debris, requiring him to shake them out ready for work the following day. After leaving the company in the late 1960s, Brian worked in a variety of roles including as a meat-packing operative, security guard, forklift truck driver, automotive paint technician and hospital porter. Brian was not exposed to asbestos for the rest of his working life. Brian’s diagnosis In July 2024, Brian developed a pancreatic stone. During a diagnostic scan of his pancreas, an incidental observation of fluid on his lung was also noted, leading to a referral for further testing the following day. After a CT scan with contrast and a PET scan, Brian received the devastating news that he had an aggressive form of mesothelioma, and it was recommended that he begin treatment with immunotherapy to slow down its progression. As a result of his illness, Brian has suffered from chest pain, fatigue, breathlessness and night sweats. He has also noticed a reduction in his appetite and has consequently suffered significant weight loss since his diagnosis. Lack of Employers’ Liability Insurance By the time Brian developed mesothelioma, the company he had worked for when he was negligently exposed to asbestos had long since dissolved. When a company is still active and has assets, one possibility is for us to bring a claim against them directly. Upon discovering that the company had dissolved, our next port of call was to attempt to locate any valid insurance policies that the company had in place at the time of Brian’s employment. When a company has been dissolved, we can bring a civil claim against the employers’ liability insurers. In order to determine whether the company had been insured when Brian worked there, we made an application through the Employers’ Liability Tracing Office (ELTO). ELTO were unable to trace any policy that covered Brian’s period of employment, as it was not compulsory for companies to have insurance in the 1960s. Therefore, with all other avenues exhausted, we decided to pursue a claim through the Diffuse Mesothelioma Payment Scheme (DMPS). This is a scheme set up by the Government for cases like this: for people who were negligently exposed to asbestos by a dissolved company that was uninsured at the time and who have later gone on to develop mesothelioma. We were able to build a case demonstrating Brian’s exposure as a result of the company’s negligence and obtain compensation for him through the Scheme. Outcome Brian was awarded over £120,000 by the Scheme, which has helped him purchase vital equipment and make adaptations to his home. Thanks to these, he can now manage his symptoms and enjoy life at home with his family. If any valid policies of insurance are subsequently traced for the company, Brian will still have the option to make a civil claim for compensation against the insurer. This would be via the usual court process. In the event that he makes a successful civil claim, credit will have to be given for the compensation he has already received. 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.
