Kent woman receives six-figure settlement from industrial giant Cape after husband’s asbestos cancer death 

Cape settled the claim without an admission of liability. 

The man, who we are calling John, grew up and went to school near to a Cape asbestos factory in London in the 1950s and the early 1960s.

From the age of two, John lived about 300 metres from the Cape factory. He also went to school 80 metres from the site. 

During his five years in the area, John recalled fans from the factory which blew out white dust across to the school playground. He remembered playing in the dust and “making snowballs”. 

In 2019, John began experiencing symptoms including breathlessness and was struggling in his job. He was diagnosed with mesothelioma in 2020.

He instructed Andrew Cooper from the asbestos team at law firm, Leigh Day to investigate his case, and a claim was issued at the High Court.

In 2021, John died aged 67. The case was continu​​ed by his widow. 

Cape said it was not until after 1965 that it could have known that asbestos exposure from the factory posed a risk to the wider community.

John’s case argued that as one of the UK’s largest asbestos manufacturers, Cape would have had earlier knowledge of the risks of exposure and should have prevented asbestos dust from polluting the area surrounding its factory. 

Following an application to the court, Cape was compelled to disclose documents from past claims relating to the factory near where John grew up. These contained further witness accounts of asbestos dust exposure at his school and the surrounding area. 

Less than a month before the case was due to go to trial, Cape settled the claim for a six-figure sum without an admission of liability. 

Leigh Day senior associate solicitor, Andrew Cooper said: 

“John and his wife had to demonstrate significant bravery and determination to bring the claim and pursue it to a successful conclusion so close to trial.” 

John's wife said:

"Thank you to Andrew for his compassion and patience throughout this process. He always kept me and my family in the loop at every stage and was a phone call or email away for any queries, and we are grateful for his thoughtfulness after losing John in the end."