I am proud to come from and work in a city where people have such a strong sense of justice and morality about what is right and what is wrong in society.

My job involves acting for people who have asbestos diseases.  In 2002 my firm was representing 2 clients in a test case about a type of cancer caused by asbestos called mesothelioma.  One of our clients was a Liverpool woman whose husband was a former lagger and docker.  He died from his illness.  This case was an orchestrated attempt by insurance companies to stop mesothelioma victims from getting any compensation, the so called “single fibre” case where if you had been exposed to asbestos in more than one job then you couldn’t prove which employer had caused your illness and your claim must fail.

If the case had gone the way of the insurance companies then the consequences would have been dire for existing and future victims.  Thousands of mesothelioma sufferers and their families would have gone penniless.  The Court of Appeal had previously found in favour of the insurers and all existing cases were in limbo, so much was resting on the House of Lord’s decision.

At the eleventh hour, just a few days before the House of Lords were due to hear the cases, the insurance companies made offers to settle all of the test cases.  The offers were to pay full compensation to all of our clients.  However, our client from Liverpool refused the offer of very substantial damages. 

Nobody could possibly have criticsed her if she had taken the offer, it was such a large sum of money and if the case lost at court she would get nothing.  However, our client could see the bigger picture and understood that if she took the offer it would mean that all mesothelioma sufferers and their families trying to claim compensation after her would be blocked by the earlier Court of Appeal decision that would remain in tact.  She knew this was not what her late husband would have wanted.

This lady’s action in refusing the offer was an amazing demonstration of selflessness and foresight.  She was not only able to see the impact that it would have on others if the law lords did not hear the cases, but she had the courage of her convictions.  It was a truly fantastic thing to do in the circumstances, especially bearing in mind the incredible pressure and strain she must have been under. 

I think this typifies something of what makes Scousers special; a sense of defiance to those who trample over the rights of others, especially the weak and vulnerable.  We’re not afraid to stand up for the Davids of this world against the present day Golliaths.

Kevin Johnson
Solicitor and Partner
John Pickering and Partners LLP
Liverpool

kj@johnpickering.co.uk

Tele: 0151 227 1214