Laura Wilkinson, Senior Associate in our specialist Mesothelioma and Asbestos team, was instructed by Mr H shortly after he was diagnosed with mesothelioma. He was only 65 years old at the time and was Director of a company that he had set up 25 years earlier.

Mr H worked for Rolls-Royce at their factory in Filton, Bristol during the 1980s. He was a blade polisher and polished the metal blades that were fitted to the front of the jet engines made on site using a spinning wheel. This enabled air to flow over them freely when the jets were in flight.

Mr H recalled asbestos-lagged pipes feeding the steam-operated machines in the foundry, which was positioned next to the polishing shop in which he worked. He also recalled asbestos-lagged pipework running along ceiling level at the front of the polishing shop where the spinning wheel machines were lined up. The asbestos-lagged pipes in these areas, and many other areas around the Filton site, were subject to repair and maintenance work throughout Mr H’s employment, which released asbestos dust into the air as Mr H and his colleagues went about their work. The roofs of the workshops were also made from asbestos sheets and these too were subject to maintenance and repair work, subjecting him to more asbestos dust exposure.

Complex quantum issues

A Letter of Claim was sent to Rolls-Royce shortly after instructions were received and, after medical evidence was served in support of Mr H’s claim, the company admitted liability and paid a five-figure interim payment of damages to him.

Mr H received immunotherapy treatment on the NHS shortly after his mesothelioma diagnosis. However, that was abandoned after four sessions after the mesothelioma showed signs of progression. Mr H then received chemotherapy treatment on the NHS, but that too was abandoned as Mr H’s condition deteriorated. Laura put Mr H in touch with Dr Jason Lester, Consultant Oncologist, and he received radiotherapy treatment privately and made plans to start private immunotherapy treatment (funded by a further interim damages payment from Rolls-Royce). Sadly,
Mr H’s condition went downhill before he was able to start the treatment and he died whilst the claim was ongoing. Mrs H, Mr H’s step-daughter and his daughter then took over the claim and became the Claimants as Executrices of Mr H’s Estate.

Mr H had established and was the main driving force behind a very successful door company. As his illness progressed and after his death although they recruited more employees and family members did more work, without Mr H the business was no longer viable and it had to be closed down. Mr H’s business employed his wife, his daughter and his step-daughter, as well as other staff. At the time of Mr H’s diagnosis, the business was doing well and there were plans to expand it over the following years to fund Mr and Mrs H’s retirement. The financial performance of the business was hugely impacted by Mr H’s illness and eventual death, and it meant that the business folded, resulting in Mrs H and the other family members losing their income and the capital tied up in the company. These financial losses were included in the pleaded claim.

Mr and Mrs H had also bought a bungalow and were in the process of renovating it at the time of Mr H’s diagnosis with mesothelioma. His illness meant that he was no longer able to do the necessary renovation work and had to rely on family and professional tradespeople to do it in his place at considerable expense. These financial losses were also included in the claim.

Forensic accountancy evidence

Given the complexities and high value of the claim, proceedings were issued in the High Court whilst quantum evidence was gathered. A timeline for the exchange of evidence leading up to an Assessment of Damages hearing was laid down at the first Court hearing. This included provision for updated medical evidence and forensic accountancy evidence to consider the financial losses suffered by Mrs H and the other family members as a result of the winding down of Mr H’s company. It was argued that his daughter and step-daughter fell under the definition of dependant within the meaning of the Fatal Accidents Act 1976, as their employment stemmed from a familial relationship from which they benefitted financially, and that they should therefore be able to claim their losses. However, this was disputed by Rolls-Royce’s solicitors and their forensic accountancy expert argued that Mr H’s business had not been adversely affected by Mr H’s illness and eventual death.

Laura gathered financial evidence to enable the Claimants’ accountancy expert to demonstrate that Mr H lived frugally and so spent more than the usual presumed amount of 66.67% (87.5% in fact) of his income on Mrs H, which had the effect of increasing the value of her financial dependency claim. This was, however, also disputed by Rolls-Royce’s accountancy expert.

Joint settlement meeting

A joint settlement meeting took place between the Claimants’ legal team and that of Rolls-Royce just three weeks before the scheduled Assessment of Damages hearing in the High Court. Settlement offers were made on both sides and culminated with a Part 36 offer (a settlement offer with costs consequences if not accepted) being made on the Claimants’ behalf. The offer reflected some reductions in the pleaded claim for the risk of them not being successful when put before a judge at the final Court hearing.

The Defendants eventually accepted the Claimants’ Part 36 offer just four days before the Assessment of Damages hearing was scheduled to take place.

Laura Wilkinson commented: “This was a complex claim in terms of quantum given the financial losses stemming from the dissolution of Mr H’s business as a result of his illness and eventual death. It took time to compile documentary and witness evidence to support those losses and argue Mrs H’s increased financial dependency, including evidence from well-renowned accountancy experts. I am pleased that settlement was eventually reached and that Mrs H now has the financial security to enable her to stay in her home, get the necessary renovation work completed and see her through her retirement. It was a privilege to get to know Mr and Mrs H and their family and guide them through the legal process. I wish them all the very best for the future.”

Mrs H provided this feedback: "So many thanks to Laura Wilkinson who was there every step of the way throughout the must difficult period with kindness, compassion and professionalism. She worked tirelessly to make sure I understood everything and achieved a very successful result. Very highly recommended."