Daughter of dead mesothelioma sufferer welcomes High Court decision

12:04pm Wednesday 26th November 2008

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The daughter of a man who died after being exposed to asbestos when he worked as a paint sprayer in Chiswick has welcomed a High Court decision which will allow her to claim compensation for her family’s suffering.

Leslie Screach became ill with the deadly cancer mesothelioma as a result of the work he had done for G&C Whittle Ltd between 1963 and 1968.

After learning of his illness in April 2003 he contacted law firm Irwin Mitchell. But following his death just seven months later, aged 73, his daughter Ruth Durham took up his fight.

During a nine-week trial this summer Mr Justice Burton heard evidence in a group of cases as four insurance companies, including BAI (Run-off) Ltd which covered Mr Screach when he was working in Chiswick, argued they were not liable to pay compensation.

The company claimed it was not liable as its policy would only apply from when the cancer appeared and not from Mr Screach’s exposure.

However, Mr Justice Burton’s landmark ruling last Friday meant the argument was not upheld, meaning thousands of asbestos cancer victims will continue to receive compensation.

Mrs Durham, who lives in Nottinghamshire, said: “I am hugely relieved to hear of the court decision, which will see justice done for my father and hundreds of other mesothelioma sufferers now and in the future.

“Dad and I had a very close relationship and were really good friends.

“During the Second World War, Dad learned to use sign language and when I decided to learn, we used to practise together.

“It became our special way of communicating with one another and, when he was diagnosed with cancer, he couldn't bring himself to tell me directly and just made the sign for cancer to let me know the terrible news.

“I miss him every day and no sum of money will ever compensate for the terrible suffering that my father endured.

“However, I hope that by pursuing this legal action, which will help others in future, it will make his suffering and death more bearable."

Helen Ashton from Irwin Mitchell said: "The dangers of exposure to asbestos dust have been known since at least the early part of the last century and this decision ensures that many mesothelioma victims who were negligently exposed to asbestos by their employers will have the comfort of knowing that they and their families will receive compensation."

Painting and decorating contractors, G&C Whittle Ltd, owned a depot in Cleveland Way, Chiswick, and employed up to 2,000 painters, sprayers and paper hangers.

While working at the company Mr Screach, who lived in Fulham, often brushed down asbestos sheets and ceiling tiles prior to painting them and often applied artex which contained asbestos on to ceilings and walls in new office blocks.