Adrian Budgen, head of industrial disease litigation at Irwin Mitchell, acted for Ruth Durham, the lead claimant in the employer’s liability insurance policy “trigger” litigation in the High Court. Mr Justice Burton ruled that employer’s liability insurance policies were triggered at the time when mesothelioma victims were exposed to asbestos, not when the disease develops, and so the insurers who were “on risk” would be liable to pay compensation.

What were the main challenges in this case?

It was hugely challenging because of the sheer scale of the litigation and the number of parties involved. Mr Justice Burton found that the four insurers (BAI, Excess, Independent and MMI) were liable to provide an indemnity in respect of negligent exposure to asbestos during their policy periods, notwithstanding that the disease (mesothelioma) had not developed until many years later. He also found that the phrases “injury sustained” and “disease contracted” in their policies of employer’s liability insurance were to be interpreted as “injury caused”. It is a well-reasoned judgment and is, I would like to think, appeal-proof. An appeal is very likely, however, and permission has been given to the defendants.

What was your worst day as a lawyer?

The day the Court of Appeal handed down its unjust judgment in the Fairchild cases, in December 2001, finished off what had been, in the Queen’s words, a real annus horribilis for asbestos victims.

What was your most memorable experience as a lawyer?

Winning the first environmental asbestos exposure case — I represented the late June Hancock — and uncovering the full extent of Turner & Newall’s knowledge of the health risks, going back to the early part of the 20th century.

Who has been the most influential person in your life?

My wife, Sallie Booth, as she is my very best friend (and fiercest critic). Sallie is also a lawyer and has also featured in this column. Apart from my parents, I should also mention June Hancock, who died of mesothelioma in 1997; she was a truly exceptional person and remains a source of inspiration.

Why did you become a lawyer?

To help others in need and to make a significant difference to their lives.

What would your advice be to anyone wanting a career in law?

Look before you leap. Good work experience is essential so that would-be lawyers have a proper appreciation of what is involved.

Where do you see yourself in ten years?

Soldiering on. I hope my wife and children (Theo and Isobel) are still speaking to me.

l_tsang@hotmail.com

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