Legal disputes are a difficult road to travel at the best of times, and the ongoing pandemic adds extra challenges at every turn that need innovative solutions.
The field of law has historically been very paper-heavy even in recent years, so the sudden need to socially isolate and work from home has resulted in a rapid and universal abandonment of paper files, and a plunge into entirely electronic casework.
Mesothelioma cases, by contrast, were more familiar with the use of technology before the pandemic took hold. This type of litigation is complex and often urgent, due to the sadly very short life expectancies of those affected. Video and phone calls have been used in short court hearings for a few years, for our clients who are so seriously ill that they’re unable to provide evidence in person. This is especially important now in the case of mesothelioma patients – many treatments reduce the immune system’s effectiveness, rendering them more susceptible to catching the virus, with potentially catastrophic effects for their already shortened life expectancy.
Though a quick kick to get litigation into the 21st century has been a much-needed positive outcome of the pandemic, a trial is always challenging whether it’s done remotely or in person.
A winning case
Eunice, our client, is an example of one of our cases that went to a remote trial at the High Court. She and her two sons were left behind when mesothelioma tragically claimed her husband Martin’s life in early 2016.
Following his diagnosis, Martin had instructed our specialist lawyers to investigate where he could have come into contact with asbestos, and it was found his exposure had taken place when employed by Paramount Shopfitting Company in the 1970s.
At the time of his diagnosis, Martin had been running a successful business combining construction, joinery, and the manufacture of laminate worktops; which when left to Eunice and her sons, they struggled to maintain.
When it came to trial, Joanne Jefferies, their specialist mesothelioma solicitor, said: “A remote trial over multiple days is not something that I’ve organised before. To prevent potential technical issues, we worked with the parties and with the court to complete audio and visual checks before each section of the trial started. On both days, the court sat from 10am until 4pm – an exhausting day for our client, the barrister and no doubt the Judge too.”
Eunice and her son were understandably nervous about giving evidence in the trial. Our expert team worked with them to support them throughout the entire process, and following the trial she expressed that it wasn’t as daunting as she thought it would be, since she was in her own home the entire time.
However, the case wasn’t without issues caused by being conducted remotely – the barrister’s internet would suddenly drop out occasionally. The Judge moved rooms in his house on the second day, and found the connection not good enough, so needed a 15 minute break to move to somewhere with better connection.
After four years of litigation, we secured justice for the family, with the court handing down judgment in Eunice’s favour in line with the Fatal Accidents Act of 1976, stating that she’s entitled to financial dependency based on Martin’s situation at the date of his passing.
Joanne said: “This is an incredibly successful outcome for Eunice and our legal team, who have worked with her and her family for four years. We pushed the boundary of the law, and the Judge recognised the need to look at the practical realities of each individual family in cases like this – which is the approach we’ve always adopted.”
Though nothing can change what happened to Martin, Eunice and her sons are grateful that he’s being acknowledged for everything he did for them.
Protecting what matters most
In challenging times, the thought of going through a legal dispute may feel like too much to deal with. Our new campaign is here to remind families whose lives get turned upside down by a serious illness that nothing’s more important to us than being able to help you protect what matters most.
During a pandemic when nothing is straightforward, it's never been more important to provide clear and honest advice in complex situations. This is why our leading litigators wanted to feature in our launch video to reinforce that message and remind you that we’re here, just like we’ve always been.
One of the litigators featured in our new video is Adrian Budgen (and his dog), who is a partner in our ARD team.
Adrian joined way back in 1990 and is an expert when it comes to mesothelioma cases. He represented June Hancock in the Armley environmental asbestos case and achieved what was, at the time, the highest award for an industrial disease/fatal injury case of £4.37m.
Look out for a special feature on Adrian in our next edition.
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