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23 March 2021 | Case Study |

Case Study: Product liability claim for the estate of mesothelioma sufferer

Mr R sadly passed away having suffered with mesothelioma. A claim was pursued on behalf of his estate. Mr R had been exposed to asbestos whilst working on the construction of a housing estate during his employment with Scudamore and Thomas. Unfortunately, it was not possible to identify employers’ liability insurance for the company.

In light of the lack of insurance, a decision was taken to pursue Cape Intermediate Holdings Ltd in respect of a product liability claim against Cape who were the manufacturers of asbestolux, which is what Mr R had used on site.

A product liability claim was pursued; something which is unusual in the UK, and was therefore a novel point of law. The claim settled shortly after it had been issued at court, and before the court proceedings had been formally served upon Cape.

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