Securing justice for James: Mesothelioma claim against former employer

Receiving a diagnosis of an asbestos related cancer is incredibly shocking, not only for the person receiving the diagnosis, but also for their loved ones. It leaves them with the responsibility of dealing with the grief and heartache that comes with dealing with such a diagnosis whilst also trying to figure out how their loved ones will rebuild their lives if they are no longer there to see out their plans.

James* was in this position following an unexpected diagnosis of mesothelioma in December 2024. In response to receiving the diagnosis, James and his family reached out to Melloney and her team to gain some clarity on what they could do in terms of a legal claim.

Circumstances of exposure

James was born in Ireland and moved to England in 1958. He started work at the age of 20 and worked for the same company as an electrician for over 40 years until his retirement in 2003. During his work life, he spent a lot of time working in underground tunnels containing live electrical installation and therefore fireproofing was paramount. To protect against fire, asbestos products were widely used. He removed cables which had been insulated with asbestos to replace or repair them. As part of his role, he often worked alongside other tradesman including plumbers and fitters who were also working to fit and repair pipes which were lagged with asbestos. In addition, he was exposed to asbestos whilst completing other repairs outside of the tunnels, including the boiler room and on test boxes, both of which contained asbestos which was disturbed during this maintenance.

The diagnosis

James was diagnosed with mesothelioma after suffering some respiratory symptoms, including a cough and tiredness, which had worsened in October 2024. In December 2024, he was admitted to hospital with shortness of breath and following investigation, it was found that he had the disease.

The process of the claim

After learning of the diagnosis, James and his family were in contact with asbestos support group, HASAG, where they heard about the mesothelioma and asbestos disease claims teams at Boyes Turner. His family got in touch with the team in January 2025 and James’s lifetime evidence was quickly preserved in a witness statement. Sadly, just a couple of weeks after his statement was signed, James passed away at the end of January 2025.

Sadly, James had been diagnosed with dementia a couple of years before his mesothelioma diagnosis. When Melloney met him, he was able to give some brief information about his working history, but it was important to corroborate that with evidence from an independent witness.

Thankfully, James had kept his retirement card which the family provided to Melloney and she was able to track down a former colleague who had signed the card.  He was able to corroborate what James had said and give further detail, which enabled the claim to proceed against James’s former employer.

A letter of claim was sent to James’s former employer and after they had investigated the claim, they quickly admitted liability. Melloney obtained supportive medical evidence and gathered information to value the claim.  James’s former employer made a six-figure settlement offer, which the family were happy to accept.

James’s family said ‘Wonderful service. From the very first contact I made with Melloney I have been really happy with all her support. I knew I had chosen the right company to deal with everything. She has been so kind and so efficient and dealt with all our requests”.

*names have been anonymised