Annabelle Neilson, Partner, was instructed to act on behalf of Mark Jordison (née Blazey) after he was diagnosed with mesothelioma at the age of 51. Mark had planned to complete the Cambridge Half Marathon in February 2023 as an avid marathon runner. However, early on in the race, he experienced significant breathlessness and was unable to continue. Subsequent medical examinations led to a diagnosis of mesothelioma, which had a substantial impact on Mark, his partner, and their three young children.

Mark’s asbestos removal work

At the age of 18 in 1990/91, Mark was employed by Sewell Insulations and assigned to remove asbestos at the Nestlé factory in Norwich without receiving any training, guidance, or warnings regarding the associated risks. The working environment was challenging, with his work carried out in floor voids where he stripped asbestos lagging from pipes. Using a Stanley knife, he cut through the lagging and removed it by hand. The lagging was crumbly and had deteriorated over the years meaning that Mark was exposed to a substantial amount of asbestos dust throughout the work.

Although Mark was supplied with protective equipment, it was inadequate for safeguarding against asbestos fibre inhalation. He received paper overalls that tore easily and failed to provide head coverage. The cuffs on the overalls shifted during movement, leaving his skin exposed. Mark was issued a rubber mask fitted with filters; however, these filters were not replaced throughout the two months that he spent on the job. Upon leaving the voids, he removed his mask prior to taking off his overalls and inhaled asbestos dust that had settled on them as a result. Decontamination protocols were not implemented.

Denial of liability

Mark’s case initially presented challenges as no employers’ liability insurers could be identified for his period of employment. As a result, alternative compensation options were evaluated, including applying through the Diffuse Mesothelioma Payment Scheme (‘DMPS’) or an occupiers’ liability claim.

Once employers’ liability insurance was confirmed, the insurers declined to admit liability, meaning that it was necessary to issue Court proceedings to advance the claim.

Sewell Insulations’ insurers denied liability, stating that the company would not have employed an 18-year-old for asbestos removal. They also asserted that Mark was not employed by them and claimed that, if he was found to be an employee, he was removing non-asbestos insulation from the Nestlé factory. The Defence maintained that Sewell Insulations had never carried out asbestos removal at the Nestlé factory in Norwich.

Annabelle and her team conducted investigations to locate historical documents from the Nestlé factory and confirm that Sewell Insulations had carried out asbestos removal at the site. In the meantime, an Evidence on Commission hearing was ordered to take place at Mark’s home to record his witness testimony. During this process, the Defendant presented documentation verifying Mark’s employment with Sewell Insulations.

The exchange of evidence continued, and the case was scheduled to proceed to trial when further late disclosure was provided by the Defendant, and a joint settlement meeting (‘JSM’) was arranged.

Mark’s business

Mark operated a reputable and successful carpet cleaning business in Norfolk, providing financial support for his partner and their three children. After receiving his diagnosis, Mark was required to sell the business due to its physical demands and the couple’s desire to dedicate more time to their young family.

The sale of the business was a significant and emotional event for the family, given Mark’s substantial efforts in establishing its strong reputation. Mark’s claim sought compensation for the financial losses incurred because of the business sale and his associated loss of earnings.

Case settlement

At the JSM, a settlement was reached at £550,000 net (£665,000 gross), which included funding for private treatment.

Annabelle and Mark’s barrister, Patrick Kerr of 12 King’s Bench Walk, did not accept that there would be a finding against Mark on the issue of liability and sought a complete settlement of his damages without deduction for litigation risk, which was achieved.

Impact of mesothelioma

After the settlement, Mark received private radiotherapy treatment for mesothelioma and later received care at a hospice. Prior to his death, Mark married his long-term partner, Victoria, in a ceremony with his children present. Victoria and the children continue to work on raising awareness about mesothelioma.

This case highlights the devastating impact of occupational asbestos exposure, and the importance of specialist legal support in securing justice for those affected. Mark faced a challenging journey, not only coping with a life-changing diagnosis, but also navigating complex legal obstacles to obtain the compensation he deserved.