| SPOTLIGHT |
A widower of a school teacher who died of an asbestos cancer has secured a settlement following legal action against Surrey County Council.
Julia Browne was Head of PE at St Teresa’s Secondary Girls School (now called St Paul’s Catholic College) from September 1971 to June 1979.
She was diagnosed with asbestos cancer mesothelioma in October 2021, and took legal action against Surrey County Council before passing away at the age of 78.
The claimant had instructed Harminder Bains, Joint Head of the Asbestos and Industrial Injuries Department at Leigh Day to investigate and advise her regarding her claim for compensation.
According to Leigh Day, for a period of five to six months between 1972 to 1974, the claimant was “exposed to asbestos dust when building works were undertaken at the school in the changing rooms, assembly hall, the gym and other areas.”
After considerable research, documents were obtained which the law firm said showed that there was building work undertaken in the school as a result of cracks appearing in the ceiling, due to the use of “high alumina” concrete when the school was built. During the building works asbestos was found at the school.
Leigh Day then obtained evidence from other teachers who corroborated the claimant’s evidence and issued a court case in the Royal Courts of Justice, Strand, London on 16 February 2022.
According to the law firm, Surrey County Council served a defence denying almost every allegation and even denied that it owned or controlled St Teresa’s School at the time of the claimant’s employment.
The council did not admit that asbestos was disturbed during the building works and requested the claimant “to prove” her claim. The case was set down for a three-day trial which was due to start on 1 December 2022.
Mrs Browne died just over a month before trial, aged 78. Her husband Peter Browne asked to keep the trial date as he did not wish the case to be delayed.
The Coroner agreed to fast track the Inquest so that the trial date could stay in place.
Surrey County Council subsequently made what Leigh Day described as a “substantial offer of compensation” 13 days before the trial was due to start. The council agreed to also pay Mr Browne’s legal costs and he accepted the sum offered.
Harminder Bains, Leigh Day, said: “Julia was a PE teacher who was exposed to asbestos whilst teaching children. This is intolerable and should not have occurred. She should be alive today continuing to enjoy her life with her beloved family.
“Thousands of schools in England and Wales contain asbestos and sadly Julia is not the only teacher whose life has been cut short as a consequence of this deadly substance. Sadly as a result of successive Government’s failure to remove the asbestos from the schools teachers and pupils will continue to be exposed.”
Surrey County Council has been approached for comment.
Lottie Winson
