Jurisdiction(s):
United Kingdom
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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....

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Pre-Action Protocol letter of claim for living mesothelioma: domestic asbestos exposure from laundering an employee’s contaminated work clothes (England and Wales)

Precedents
imgtext

Dear [ insert organisation name ]

URGENT—LIVING Mesothelioma CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY

Re:

  • Our Client:
  • Address:
  • Date of Birth:
  • National Insurance Number:
  • Your Previous Employee:
  • Date of Birth:
  • Date of Death:
  • National Insurance Number:
  • Place of Work:

We act for the above-named client in a claim for Damages for Personal injury arising from exposure to Asbestos, resulting from asbestos dust brought into the home on the work clothing of a family member, [ insert relation eg spouse or parent and insert their name ], during their employment with [ insert employer’s name ] between [ insert dates ]. Accordingly, the claim is addressed to you.

This correspondence is sent in accordance with the Pre-Action Protocol for Disease and Illness Claims. Please confirm the identity of your insurers. Please note that your insurers must be notified without delay and failure to do so may affect your insurance cover. We enclose a duplicate of this letter for you to pass to your insurance company as a matter of urgency...

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Web page updated on 22/05/2026

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