Beesley v New Century Group Ltd [2008] EWHC 3033 (QB) (16 December 2008)

Mrs Beesley claimed damages as widow and executrix following her husband's death from mesothelioma caused by asbestos exposure during his employment with the defendant. The court assessed damages under the Law Reform (Miscellaneous Provisions) Act 1934 and Fatal Accidents Act 1976, awarding £242,853 for pain and suffering, care, loss of earnings, and dependency.

Facts

Mr John Lambie died on 5 November 2006, aged 62, from malignant mesothelioma caused by asbestos exposure during his employment with New Century Group Ltd. His widow, Mrs Jane Beesley, brought claims on behalf of his estate under the Law Reform (Miscellaneous Provisions) Act 1934 and as a dependant under the Fatal Accidents Act 1976. Liability was not admitted but judgment was entered following a default order.

Mr Lambie’s symptoms began in June 2005 with breathlessness, cough, and fatigue. He underwent repeated pleural drainage and three cycles of chemotherapy with severe side effects. His condition deteriorated significantly from June 2006, requiring full-time care from his wife. He became completely incapacitated, requiring morphine and diamorphine for pain management, and died approximately 17 months after symptoms first appeared.

Mr Lambie was a self-employed builder and decorator who had to cease working in June 2005. Mrs Beesley provided extensive care throughout his illness, culminating in 24-hour care in his final months.

Issues

General Damages for Pain, Suffering and Loss of Amenity

The court considered the appropriate level of damages within the JSB Guidelines range of £52,500 to £81,500 for mesothelioma cases.

Care and Assistance

The appropriate compensation for gratuitous care provided by Mrs Beesley during Mr Lambie’s illness.

Loss of Earnings and Income Dependency

The calculation of pre-death loss of earnings and post-death dependency, including how long Mr Lambie would have worked and the treatment of payments made to Mrs Beesley from the business.

Services Dependency and Loss of Intangible Benefits

Whether awards for loss of domestic services and intangible benefits were appropriate.

Judgment

General Damages

The court rejected the defendant’s argument that the JSB Guidelines top bracket was too high. Mr Justice Hamblen held that the JSB Guidelines represent current best practice. Although the 17-month period of suffering placed the case near the midpoint of the range, the extreme suffering in the final months justified an uplift. The court awarded £72,000.

Care and Assistance

The court found Mrs Beesley provided significant care throughout Mr Lambie’s illness, with effectively full-time 24-hour care in the final months. The appropriate award was £25,000.

Pre-death Loss of Earnings

Taking Mr Lambie’s most recent full year income of £9,985 net, with a modest discount for contingencies, the court awarded £13,500.

Loss of Income Dependency

The court found Mr Lambie would have worked until 65 with some Fridays off, and between 65 and 70 with reduced hours. The £3,000 annual payment to Mrs Beesley was treated as part of the dependency (less £1,500 for her actual services to the business). Using a multiplier of 16.91 based on Dr Rudd’s evidence, total loss of income dependency was calculated at £84,454.

Services Dependency

The court valued Mr Lambie’s domestic services at £2,000 per annum, awarding £7,000 for past loss and £20,000 for future loss.

Loss of Intangible Benefits

The court held that awards for loss of intangible benefits are well established and extend to spouses, not just children. An award of £2,000 was appropriate to reflect the additional value of having domestic services provided by a husband rather than commercial providers.

Implications

This case confirms the JSB Guidelines remain the appropriate guide for mesothelioma damages awards. It provides guidance on calculating dependency where income passes through a family business, and affirms that awards for loss of intangible benefits are available to widows, not only to children who have lost a parent. The judgment also illustrates the application of principles for valuing gratuitous care provided by family members.

Verdict: Judgment for the Claimant. Total damages awarded of £242,853 (excluding interest), comprising general damages of £72,000, care and assistance of £25,000, pre-death loss of earnings of £13,500, bereavement of £10,000, past and future loss of income dependency of £84,454, past and future services dependency of £27,000, loss of intangible benefits of £2,000, and various other agreed expenses.

Source: Beesley v New Century Group Ltd [2008] EWHC 3033 (QB) (16 December 2008)