£65,000.00 for Mr Hobbs for mesothelioma- Hobbs v DGB Windsor Limited ( 2012- QBD: 28/06/2012)

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This case concerned an elderly Claimant, Mr Hobbs (86).

Judicial Studies Board Guidelines are used by Courts to value injuries. The current guidelines give a bracket of  Â£35,000.00 to £83,750.00 as appropriate compensation for mesothelioma. Where within that bracket compensation for different individuals will fall depends on a variety of factors which are often distilled through decided case law.

In this case the Court was asked to assess damages (for the physical injury only) for Mr Hobbs who had contracted mesothelioma and was judged to have a five year reduction in his life expectancy. The Court held that mesothelioma was an unpleasant condition that usually would require more invasive treatment than Mr Hobbs had undergone. He had only had an ultrasound guided chest drain. He adopted himself a 'wait and see' attitude and did not want to undergo biopsies.

The Court noted that the feature in this claim was the age of Mr Hobbs.  They considered the cases of Ball v Secretary of State for Energy and Climate Change [2012] EWHC 145 (QB). In this case the claimant was 92 years old and compensation of £50,000.00 was awarded for his injury. In the case of  Najib v John Laing Plc [2011] EWHC 1016 (QB), the Court judged that there had been a greater loss of expectation of life, longer suffering and more invasive treatment to the Claimant in this case than Mr Hobbs had undergone. £80,000.00 was awarded in this claim.

The Court assessed damages for the physical injury for Mr Hobbs at £65,000.00 

Ruth Johnson 

Solicitor - Personal Injury team 

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