The evidential hurdle in mesothelioma litigation (Dilks v Secretary of State for Energy and Climate Change)
PI & Clinical Negligence analysis: This fatal mesothelioma claim was brought by the executor (nephew) of Mr Eldred Grocock (born 1939; died 5 January 2023) against the Secretary of State as successor to the National Coal Board. The claim was that Mr Grocock developed malignant mesothelioma as a result of occupational asbestos exposure while employed by the Coal Board between March 1967 and January 1988 as a mobile plant operator, mostly operating a ‘grader’, at collieries in the North Derbyshire Area. The key issue was exposure. The court’s primary task was to consider whether, on the balance of probabilities, Mr Grocock was exposed to asbestos dust in the manner alleged. This was principally by driving over asbestos waste on spoil heaps, crushing/compressing/compacting it so that fibres would be released into the atmosphere and enter the grader cab. Ultimately, the court dismissed the claim because it found that the evidence did not prove probable exposure, only that exposure might have occurred. Written by Jim Hester, barrister at Parklane Plowden Chambers.