The case of Concept 70 & Others v Cape International Holdings Ltd was brought in 2017 and was a major product liability action where subrogated claims were brought on behalf of insurers who had settled asbestos disease claims between 1955 and 1980. The insurers were claiming contributions for the claims they had settled, from Cape International Holdings Ltd as the manufacturer of asbestos products.
In everyday asbestos disease cases, the value of the claims is such that if companies were to locate and provide historical documents for disclosure the cost of doing so would be disproportionate to the outcome of a successful claim and so disclosure is very rarely forthcoming. In Concept 70 & Others v Cape International Holdings Ltd, the value was far higher and so did warrant a disclosure exercise.
Disclosure to be Destroyed
The case settled following the evidence having been heard at trial but before the Judge delivered a reserved judgement. The settlement terms agreed between the parties included provision for many of Cape’s disclosed documents to be destroyed.
Asbestos Victims Support Groups Forum UK
The Asbestos Victims Support Groups’ Forum UK, a not-for-profit organisation formed in 2005 comprising of a number of asbestos support groups across the UK, intervened in the action and made an application to prevent the relevant disclosure from being destroyed. An application was made for access to the original case’s trial bundles, statements of case, skeleton arguments, submissions and daily transcripts.
Asbestos Victims Support Groups’ Forum UK v (1) Concept 70 Limited & Others, (2) Cape Intermediate Holdings Plc
Master McCloud heard the case in the High Court in London and despite arguments from Cape that as the original case had settled before the judgement, the documents should not be available publicly and that the application was too vague, the Master ruled in the Claimant’s favour. She ordered that the witness statements along with the exhibits, expert reports, transcripts, disclosed documents relied on at trial, written submissions, skeleton arguments and statements of case should all be disclosed.
Given that there was no real prospect of a successful appeal and no good reason for appeal, permission to appeal the order was denied.
Illuminating Documentation
The Forum has now reviewed the disclosure documentation and the content is shocking. It shows that Cape encouraged the suppression of information relating to the risk to health caused by asbestos dust exposure.
One example included the idea of warning labels being put on Marinite sheets, containing deadly, brown asbestos, being dismissed in the 1950s as it was thought this would affect profitability.
It was also revealed that Cape had repeatedly lobbied the British Occupational Hygiene Society (BOHS) to downgrade regulations and increase the proposed limits of allowed dust and concerningly, they also adopted a policy of selective sharing of sampling data, giving the misleading impression of low dust counts.
Cape had further lobbied the Government to calm their approach to warning labels on Asbestos Insulation Board (AIB) and even campaigned to prevent other manufacturers placing warning labels on their own asbestos products.
Cape also continued to manufacture AIB, with the product name of “Asbestolux” in 1980, despite providing defences in other court cases against them, arguing that the company had ceased manufacturing this product by 1978. This is an argument we have regularly seen being made on many past asbestos disease claims we have run for our clients.
Profit Over People
We regularly speak to clients who believe that the companies they worked for were unaware of the dangers of asbestos. Sadly, this is not the case, as many companies quite clearly, knowingly and willingly put their employees in harm’s way. The documents from Cape show that not only did the company put profit over people, it actively sought to silence those who wished to warn workers of the dangers.
It is hoped that the documentation uncovered will now be of assistance to those affected by asbestos disease, clearly showing a plethora of health and safety breaches by Cape Asbestos.
Specialist Legal Advice
Pursuing an asbestos disease claim is difficult. This is why it is always recommended that you use a specialist asbestos disease solicitor to help you recover the compensation you deserve. Asbestos disease solicitors need to know their area of law inside-out as well as what to look for in any relevant records. Even with specialist knowledge, it is a very difficult job and is made all the more difficult by the fact that much of the information that is needed relates to things that happened many years ago.
As you can imagine, many of our past clients began working with asbestos in the 1950’s and 1960’s and so the majority of companies we pursue, no longer trade. Our work finding the companies they worked for and their insurers is made a little easier by obtaining the National Insurance records and making enquiries with Companies House and the Employers’ Liability Tracing Office, which has a huge database of insurers. It is often only thanks to this record keeping that we are able to help our clients claim the compensation they deserve.
In some cases, we are able to pursue ongoing entities and in some circumstances, companies are able to provide disclosure relating to the Claimant’s employment with them. This could take the form of health and safety reports, occupational health records or minutes of management meetings. However, very often there are limited relevant documents and it requires expert knowledge to investigate claims and delve deeper, as happened here.
If you require expert assistance in pursuing an asbestos disease claim for mesothelioma or any other asbestos disease then please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.