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Victims of “low-level” asbestos exposure succeed at the Supreme Court
Coleman Legal LLP
October 31, 2024
Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.

Landmark asbestos case: Dianne Willmore wins £240,000 before passing from mesothelioma

Dianne Willmore, a wife and mother of two, was only 49 years old when she died of mesothelioma in 2009. Her death, in October of that year, occurred mere hours after the Court of Appeal upheld her asbestos exposure claim. Dianne had launched proceedings against the local authority responsible for exposing her to “low levels” of asbestos while she was in secondary school. The ruling was further appealed by Knowsley Metropolitan Borough Council following Ms Willmore’s death. However, the Supreme Court reaffirmed the award of £240,000 in compensation.

Dianne’s win marked a significant legal event as it was the first claim of its kind to succeed. It sparked a wave of change concerning “low-level” asbestos exposure cases, leading to several more local authorities and insurance companies being implicated in negligence proceedings.

Notably, the seven judges adjudicating the matter in the Supreme Court all rejected the defence’s assertion that they should only be liable for the development of mesothelioma if the exposure they created had “doubled the risk.” The Court instead found that counsel for the plaintiff need not show that the exposure had caused her illness but merely that the defendant’s negligence had “materially” increased the risk of developing the disease.

Ms Willmore’s exposure to asbestos occurred during the 70s when she was attending Bowring Comprehensive School. Numerous asbestos-related incidents during Dianne’s schooling were submitted as evidence for her claim. Tiles from the ceiling which contained asbestos had been left uncovered in a bustling school corridor so tradesmen could carry out electrical repairs. Some student’s belongings, such as their school blazers or bags, were stolen by other pupils and stashed amongst these asbestos tiles. The same tiles had also been left exposed in the girls’ bathrooms.

Commenting on the Court’s findings, the founder of the Asbestos Exposure in Schools activist organisation, Michael Lees, explained that approximately 75% of school buildings in England contained asbestos. This means a considerable number of former students are potentially in danger of developing an asbestos-related illness. He also explained the far-reaching financial repercussions asbestos exposure would cause for local authorities. Councils struggled to secure insurance against asbestos liability, a problem that worsened following Ms Willmore’s case. Lees, who lost his wife to mesothelioma, added that “it’s going to be the local authorities who foot the bill.”

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Clodagh Magennis

Clodagh Magennis

Head of Client Services

F: 1800-844-104
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