The JC Guidelines (12th Edition)
give a bracket for PSLA resulting from mesothelioma of £51,500 - £92,500. The
judge awarded £80,000. Zambarda v
Shipbreaking (Queenborough) Ltd  EWHC 2263 was among a number of cases to be considered. In addition the judge awarded £5,749.60 for
services Mrs Knauer would have provided to the household during her suffering
but could not. Services dependency was assessed as £88,160 (past) and £329,241
(future). Hay v Hughes  QB 790
referred to. Mrs Knauer worked in a different role at the time of her diagnosis
which was generating an income. The judge assessed past and future income dependency
as £23,182 and £82,136 respectively.
Other heads of loss which were
agreed included £17,420.91 for care, £11,800 for bereavement damages, £2,283
for funeral expenses and £3,000 for intangible benefit, giving a total award
before interest of £642,972.51.
This was a tragic case involving
mesothelioma, described by the judge as 'a
hideous and incurable disease causing appalling suffering'. Owing to the
circumstances of the case he rightly had considerable sympathy for the
claimant. Despite the defendant contesting many of the heads of loss, the judge
favoured the arguments put forward on the claimant’s behalf which in the end
resulted in a substantial claim for damages.