Michael Wolstencroft, a Partner in our mesothelioma team, was instructed by Mr Y’s family shortly after he sadly passed away from mesothelioma.

The claim was originally brought by another law firm that, unfortunately, did not specialise in asbestos disease claims. We took over the claim after the other law firm advised there was nothing more they could do.

Circumstances of asbestos exposure

Mr Y had worked for a contracting company involved in the construction of part of Margam Steelworks on behalf of The Steel Company of Wales Limited. Mr Y was never an employee of the steel company. Rather, he was a contractor working for what is now an uninsured and defunct contracting company.

Mr Y mixed asbestos powder with water in a barrel to form a paste, which laggers then applied to walls and pipework. Tipping out the asbestos created a dust cloud. This was his sole job during a three-week period. He wasn’t provided with any protective equipment to limit or prevent his asbestos exposure.

Investigations

Michael had to first identify when the steelworks had been constructed in order to work out when Mr Y’s exposure to asbestos occurred. Through detailed research, including checking The National Archives, it became apparent that the steelworks had been constructed between 1951 and 1953, which tied in with Mr Y’s recollection.

The next challenge was working out who would be the Defendant in Mr Y’s claim given that this was an Occupiers' Liability claim rather than a typical Employers’ Liability claim. Detailed research identified that The Steel Company of Wales Limited was nationalised in 1951, becoming part of the Iron and Steel Corporation of Great Britain. It was then privatised in the 1960s and then re-nationalised in 1967 to form part of British Steel Corporation. The decision was therefore made to claim against TATA Steel UK Limited, which had assumed the historic asbestos liabilities of British Steel Corporation.

The claim was brought under the common law tort of negligence against TATA Steel UK Limited having inherited the liabilities of the occupier of Margam Steelworks at the time of Mr Y’s exposure. The claim was also brought pursuant to the Asbestos Industry Regulations 1931.

Proving liability was difficult due to Mr Y’s intense but brief asbestos exposure having occurred in the early 1950s when scientific knowledge of the risk that asbestos inhalation posed was relatively limited.

TATA Steel UK Limited appointed a solicitor to deal with the claim on their behalf and indicated a willingness to settle whilst not formally admitting liability. A settlement sum was then agreed in a relatively short space of time.

Client feedback

Mr Y’s family were really happy with the outcome especially because the claim had been abandoned by another law firm. Miss Y said:

“Michael worked above and beyond to secure mesothelioma compensation on behalf of myself and my daughter. We are both very happy with the outcome.”