THORN -v- DATADEEP LIMITED
(FORMERLY KNOWN AS R B HILTON LIMITED)

1. In December 1999 Mr Thorn was diagnosed with malignant mesothelioma of epithelial type. At the time he and his wife were in partnership running a successful aquatic business.
2. In the mid-1970s he was employed by R B Hilton Limited as refractory brick layer at Uskmouth Power Station.
3. During the course of this employment he was required to work in and around boilers which were lined with brickwork and pipe work. He had to knock out old brick work. Some of the pipe work within the boilers was insulated with asbestos and during the course of removing brickwork and cleaning the pipe work he was exposed to substantial quantities of asbestos dust which was generated into his breathing zone.
4. In addition whilst working in and around the boilers other workers including laggers were involved in stripping asbestos lagging. Frequently these laggers worked above Mr Thorn and large quantities of asbestos dust were released which Mr Thorn inevitably inhaled. Furthermore laggers inside the boiler mixed up asbestos insulation with water to form a paste and applied it to the pipe work within the boilers and this further generated substantial volumes of asbestos dust.
5. As a result of Mr Thorn’s exposure to asbestos dust and fibres in the course of his employment with R B Hilton Limited he contracted asbestos related disease in the form of mesothelioma.
6. Mr Thorn alleged that the defendants were in breach of the Factories Act 1961, and the asbestos regulations 1969 and alleged numerous failures to provide proper respiratory or protective equipment.
7. The claimant and his wife ran a successful aquatic business which produced a substantial profits for Mr Thorn. Unfortunately at the same time that he contracted mesothelioma the lease of his aquatic business came to an end and he was looking for a new premises but due to his disease was not able to proceed with the opening up of a new business.
8. Mr Thorn made a part 36 offer to the effect that the defendant should accept 98% in relation to the liability issue. This was accepted by the defendants who immediately thereafter made an interim payment of £50,000 net of any CRU payments.
9. The claimant served a total of 30 witness statements dealing with the issue of exposure, lack of protection and customer loyalty.
10. The case concluded by the Mr Thorn accepting a further payment in of £145,942.58 and with CRU payments made by the defendant the value of the settlement was £212,500.00. The claim form was issued on 5th June 2001 and the case settled in Mr Thorn’s lifetime on 26th October 2001.

Counsel for the claimant was Frank Burton QC.