Mesothelioma compensation – Are the Judicial Studies Board’s Guidelines wrong?
Posted by Mark Gore on 17th February 2012
The recent decision of The Honourable Mrs Justice Swift in the case of Dennis Ball –v- Secretary of State for Energy and Climate Change ([2012] EWHC 145 (QB)) has raised doubts that the bracket for awards in Mesothelioma cases in the Tenth Edition of the JSB Guidelines is too low. Hopefully this could see elderly asbestos victims suffering from mesothelioma being awarded greater compensation.
The JSB Guidelines are not intended to prescribe levels of damages that Judges should award. Instead they are intended to assist Judges by setting out what the authors consider the current levels of award have been and are being made up and down the country. There is no obligation on a Judge to follow the Guidelines. However this publication has proven to be very influential.
In this case Dennis Ball was 92 years old and already quite infirm when he contracted mesothelioma due to his previous asbestos exposure. He was awarded £50,000 compensation for mesothelioma; for his claim for pain, suffering and loss of amenity. This is £15,000 higher than the figure recommended for such mesothelioma claims in the current edition of the Guidelines.
The Defendant had argued that because of his age Mr Ball only had a short life expectancy. However Mrs Justice Swift was clear in her judgment that ‘A person of any age who is informed that his or her life will be cut short by the effect of a harmful substance to which he or she has been wrongfully exposed is likely to suffer a good deal of distress.’
The tenth edition of the JSB Guidelines had seen the lower end of the bracket for awards of compensation in mesothelioma claims reduced from £52,500 to £35,000. This was to reflect awards in cases where the period of time of pain and suffering is less than the average.
The decision of Mrs Justice Swift would appear to disagree strongly with that approach. Hopefully other Judges will follow suit when awarding compensation to elderly sufferers of mesothelioma.
