In July 2024, an unusual case was heard before the High Court relating to four people who did not know one another and had not worked together, yet all sadly developed mesothelioma in similar circumstances and will now have their claims tried together.
This case involves four claimants with their own individual claims and evidence, seeking compensation for developing mesothelioma due to exposure to asbestos whilst working with Asbestolux boards, which contained amosite (brown asbestos). Sadly, two of the claimants have died and their claims are being continued by their families.
The claimants are David Wormleighton (representing the estate of Roy Wormleighton), Andrew Frayne (representing the estate of Felix Freeman), Paul Peskett, and James Sweeney.
The defendants are Cape Intermediate Holdings Limited and, in some of the cases, Cape Building Products Limited.
Cape Intermediate Holdings is the parent company of a group of companies that manufactured Asbestolux from 1951 to 1956, and Cape Building Products continued the production from 1974.
The claimants’ cases are that the defendants breached their duty of care by manufacturing, supplying, and selling an inherently dangerous product into the market. The defendants continued to market and sell Asbestolux whilst being acutely aware of the dangers of asbestos exposure but not labelling or giving any warnings as to the dangers of working with Asbestolux. In fact, it was promoted as a superior product to others on the market.
Asbestolux has been used in the construction of many buildings, in ships, and in schools and homes in the UK and this particular product dominated the market in the 1960s and 1970s.
The people most at risk from Asbestolux are those who worked directly with the material, such as construction workers, builders, electricians, plumbers, and shipyard workers. However, the danger extends beyond these professions. Anyone who has lived or worked in buildings containing Asbestolux, where the material has been disturbed, may be at risk of exposure. There are cases of ‘secondary’ or ‘overalls’ exposure from family members who have washed their overalls and have themselves gone on to develop mesothelioma.
This case also brings into focus the implications of the Chandler v Cape Plc decision, where the Court of Appeal held that Cape had sufficient control over its subsidiary, Cape Buildings Products, to assume liability for its actions.
The claimants sought to consolidate the cases to be heard as one joint trial to avoid delays and reduce costs. The defendants opposed the consolidation application, arguing that the claims involve different time periods (1961 – 1983) and different issues. Despite this, the claimants’ application to consolidate was successful and the four claims have been listed for a 10-day trial in January 2025.
If successful, this will have far reaching consequences for claimants who have worked with Asbestolux board, both those who were directly employed and those who were self-employed.
Hugh James represents all the claimants, along with others outside of this action, and Horwich Farrelly represents the Defendants.
As the legal proceedings continue, this case serves as a crucial reminder of the importance of corporate responsibility and the need for justice and accountability for those affected by asbestos-related diseases.
