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The Liner Hotel – Liverpool 7th June 2025
Seventy-two legal experts and senior clinicians gathered to update themselves on current events regarding asbestos and the law, with Chair Patrick Kerr, Counsel, coordinating the event introducing the speakers and summarising sessions. Dr Warburton, Consultant Respiratory Physician gave a general medical update. Diseases caused by asbestos exposure can be categorised into pleural conditions, which are highly sensitive to asbestos, such as pleural plaques, benign pleuritis (including diffuse pleural thickening, or DPT), and mesothelioma; as well as parenchymal conditions like pulmonary fibrosis (commonly known as asbestosis) and lung cancer. Asbestos fibres in the air can enter the back of the throat, leading to coughing and swallowing, which may result in ingested fibres.
There are around 2,500 cases of malignant mesothelioma each year.
Removing asbestos isn’t a simple solution, the amount of asbestos exposure that will be generated by removal can vary and it may be predictable for regulated operators, but unpredictable for illicit operators. Also there could be future exposure from decaying asbestos currently present in the environment, which may lead to pleural diseases such as pleural plaques, pleuritis/diffuse pleural thickening, and mesothelioma.
Michael Rawlinson, King’s Counsel, talked about specific recent cases and landmark decisions. Saying that a trivial amount of asbestos exposure can cause cancer is considered to be true. The case of Fairchild v Glenhaven Funeral Services [2002] UKHL noted that whilst the risk of developing asbestos-related diseases like mesothelioma and lung cancer is directly related to the amount and duration of exposure, even low-level exposure still increases the risk. There is no known safe level of exposure. Hence the Fairchild Doctrine: a legal principle that allows individuals to claim compensation for cancer if their employer materially increased their risk of contracting the disease, even if the exposure was not the sole cause.
At one stage the findings were that Mrs Johnstone’s increase in risk of developing mesothelioma “0.1% or less”. The court then considered different approaches - exposure/risk approach v direct risk assessment approach v absolute risk approach. Permission to Appeal has been sought – but the outcome is not expected for some time.
Editors note: Attendees on the day, included Union Safety Reps from the CWU, for all of them Asbestos is a major issue with it being found in old exchange and delivery offices across the UK. With an increasing number of buildings being decommissioned, and the use of sub-contractors who often themselves sub-contract asbestos removal work, the risks to employees through asbestos exposure is a major concern for trade unions across the UK and of course in the North West. For this reason, URS need to pay attention to such events as this in order to understand the work done by solicitors and barristers when it comes to making employers and companies involved in asbestos removal accountable for the disease and injury they cause.
Source Photos: Chris Ingram, Unionsafety
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The day began with a moment of silence and respect for Mavis Robinson MBE, the late influential asbestos campaigner., Mavis’s work supported many asbestos victims, her legacy will carry on. 
Charlotte Wells, Care Expert presented an update on Care Needs provision. Care costs have risen significantly over the past four years. A family arranging their own support package, such as two hours a day at £14.89 per hour, would spend approximately £10,870 annually. This excludes additional expenses like heating, cleaning, dietary needs, and medical requirements.
There are also other opportunities to consider the following aids to assist a patient, would they need a stairlift or through floor lift, a rise and recliner chair with pressure relieving cushion, bath lift or shower seat and general bathroom modifications for independence and safety, a lightweight wheelchair, or mobility scooter which then would require ramps, or one of the cheapest but most useful aides for the patient and family is a falls alarm.
Michael Brace, Counsel, Discussed “Johnstone – what happened and what does it mean for future cases?” The case was about low level chrysotile asbestos exposure which took place between 1982 and 1989 as a bystander. 
Dan Easton from Leigh Day gave Practical Tips for Asbestos Litigators. 
Dr David Woolf, Consultant in Clinical Oncology & Honorary Senior Lecturer talked about “Proton Beam Therapy Trial for Mesothelioma”. 
