Claire Spearpoint was instructed by John following his diagnosis with mesothelioma aged 98. Despite his age, John was remarkably active and the primary carer for his wife, who suffered with vascular dementia and Parkinson’s disease.

John did not recall being exposed to asbestos at work. The only contact with asbestos he recalled was when he lived in the vicinity of the Cape Asbestos factory in Barking. He lived with his brother in Saxon Road and his mother in Boundary Road between 1962 and 1968/69. In addition, his brother was an employee of Cape in an office role, and John had attended the factory grounds to watch his brother play cricket with the Cape sports team. His brother and mother had both passed away, so no evidence could be obtained from them directly.

Claire began investigations which started by locating historic maps of Barking and ascertained the family homes were both within one mile of the factory. Contemporaneous records were also obtained detailing the condition of the factory and area. Further questioning revealed that John parked his car at garages 250 metres from the factory. Witness statements from former residents were located from previous Leigh Day cases and other contacts, which built a picture of background dust levels from the factory processes which pervaded the general area of the Cape Factory. Greater details were also obtained about the arrangements whilst John lived with his brother, including how his brother greeted him and how John’s sister-in-law undertook the laundry. Cumulatively, all the information obtained built a picture of how John sustained environmental exposure from asbestos being discharged from the Cape Factory, and potentially from secondary exposure through his brother’s employment at the factory. 

The claim was presented to Cape who, whilst making no admission of liability, offered a six-figure settlement, enabling John to focus on his treatment and health. 

John, who turned 101 earlier this year, was very happy with the outcome and is still living at home with his wife and the support of daily carers.