Reading University has been found not to be liable for the death of a worker from mesothelioma. It was alleged that the man was exposed to asbestos when assisting in works to the University's library in the 1980s.
The claim failed because the University could not be shown to have been in negligent breach of its duty of care to the deceased. The work had been undertaken by contractors, who had gone out of business and whose insurers could not be traced. A case against them would almost certainly have succeeded. The problem was that since the firm and its insurers could not be found, the claim was made against the University, which had contracted out the work to the firm by which the man was employed.
Regrettably for the claimant's family, the relevant section of the Compensation Act 2006, which was passed in July 2006, applies when 'a person ... has negligently or in breach of statutory duty caused or permitted another person ... to be exposed to asbestos' and it could not be shown that the University was in breach of its statutory duty.
In mid-March, the Government set out proposals to provide state compensation to mesothelioma sufferers not previously eligible for financial support, including those who contract the disease outside of work and those who cannot trace the source of their exposure. It is intended that payments will be made within six weeks of making a claim.
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