Jurisdiction(s):
United Kingdom

Key definition

Mesothelioma definition

What does Mesothelioma mean? Mesothelioma is an aggressive cancer of the mesothelial lining, usually caused by inhaling asbestos fibres. In legal practice it is an asbestos-related industrial disease giving rise to personal injury and fatal dependency claims in negligence and breach of statutory duty against employers, occupiers and manufacturers. The term is medical, not defined in legislation, and is used descriptively across tort, employers’ liability and product liability contexts. Key legal features include long latency (often decades), evidential reliance on occupational exposure history, and special causation rules: UK case law (the Fairchild principle) permits recovery where a defendant materially increased the risk of contracting mesothelioma....

Defence template to fatal mesothelioma (asbestos) claim under the Building (Health, Safety and Welfare) Regulations 1948 (reg 82) – High Court of Justice, England and Wales

Published by a LexisNexis PI & Clinical Negligence expert

Precedents

In the High Court of Justice [ [ SPECIFY DIVISION ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ]

Claim No: [ insert number ]

Between:

C (Widow and executrix of the Estate of [ name of deceased ] (deceased)) – Claimant

and

D LTD – Defendant

Defence

Unless stated otherwise, the paragraph numbers used in this Defence correspond to the paragraph numbers in the Particulars of claim dated [ insert date ].
Paragraphs 1 and 2 of the Particulars of Claim are admitted, subject to inspection of the grant of probate.
In relation to paragraph 3 of the Particulars of Claim, the Claimant is required to prove both the identity of the deceased’s employer and the length of the alleged employment with the Defendant; save that the Defendant admits that the HMRC employment schedule records the Defendant as the deceased’s employer from 1961 to 1967. Otherwise, the Defendant holds no employment documentation for the deceased and has not seen, nor been provided with, any material corroborating the alleged employment by it.

...

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Stephen Glynn

DEKA Chambers

Stephen has an extensive asbestos practice. He is known nationally as an industrial disease specialist, having co-written and edited the publication Asbestos Claims (now in its fourth edition) to which the Senior KB Master and Master Eastman have contributed. He is the author of the asbestos disease chapter in Kemp and the co-author of the occupational disease chapter in Kemp. He lectures widely on asbestos disease litigation and is routinely invited to speak at APIL’s annual asbestos conference. He is mostly instructed by claimants.Notable Asbestos casesCarey v. Vauxhall Motors [2019] EWHC 238 First case brought in this jurisdiction in relation to secondary exposure after 1965 suffered by wife of an apprentice electrician employed at Vauxhall in Luton.Lawrence v. Bexley LB [2018] EWHC 4010 Stephen acted for the husband of a deceased wife who died of asbestos to which she was exposed when she...

Web page updated on 22/05/2026

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