Skip to content

General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

No Win No Fee

Think you have a claim? Time limits apply, so get a free case review from Edward & Amaury Solicitors today.

Start your claim

Mesothelioma Claims

England & WalesLast reviewed 18 September 2026

Mesothelioma is an incurable cancer caused by asbestos. Under section 3 of the Compensation Act 2006, a person negligently exposed can recover the whole damage from any responsible employer, and if no employer or insurer can be found, the Diffuse Mesothelioma Payment Scheme may pay.

Why Employers Can Be Liable for the Whole Damage

Direct Answer: Because mesothelioma cannot be linked to one particular exposure, the House of Lords in Fairchild allowed a claim against any negligent employer who materially contributed to the risk, and section 3 of the Compensation Act 2006 confirmed each such employer is liable for the whole damage.

This means a claimant with several negligent employers can pursue one, usually one with a traceable insurer, and that employer can then seek contributions from others, so the claim does not fail because of the difficulty of proving which exposure caused the cancer.

The Diffuse Mesothelioma Payment Scheme

If the negligent employer no longer exists and its insurer cannot be traced, the Diffuse Mesothelioma Payment Scheme created by the Mesothelioma Act 2014 may make a payment. It applies to people diagnosed on or after 25 July 2012 who contracted the disease through negligent workplace exposure in the UK and cannot claim damages because the employer has gone and no insurer can be found. Dependants can apply where the person died before applying. Payments are made at a fixed proportion of average civil damages, with amounts depending on age at diagnosis and the date of diagnosis, so check the current figures.

Claims by Families

A claim can be started while the person is alive, and continues after death for the estate. Dependants can also claim under the Fatal Accidents Act 1976 for lost financial support and services, and eligible relatives may receive a bereavement award. Because of the seriousness of the condition, solicitors typically prioritise urgency, evidence of exposure and the tracing of insurers.

Frequently Asked Questions

Who can be sued for mesothelioma?

Any employer that negligently exposed you to asbestos can be liable for the whole of your damage under section 3 of the Compensation Act 2006, even if others also exposed you.

What if my employer has gone and I can't find the insurer?

The Diffuse Mesothelioma Payment Scheme may pay if you were diagnosed on or after 25 July 2012 and meet its conditions. A solicitor will first try to trace the insurer, since a court claim can pay more.

Can my family claim after I die?

Yes. Your claim survives for your estate, and dependants can claim under the Fatal Accidents Act 1976, with a bereavement award for eligible relatives.

Do I have to prove my employer knew about the danger?

You must show your employer was negligent in exposing you to asbestos, judged against what was known at the time and what a reasonable employer would have done, which is why records of your work history matter.

Can I claim if I was exposed by a spouse's clothing?

In some circumstances, depending on the state of knowledge at the time of the exposure. Claims of this kind are fact-specific and should be discussed with a specialist solicitor.

How long do I have to bring a mesothelioma claim?

Generally three years from your date of knowledge: when you first knew you had a significant condition and that it might be work-related. It is not always the date of exposure, which is often decades earlier. A court has a limited discretion to allow late claims, but do not rely on it, and take advice as soon as you have a diagnosis.

Can I claim on a no win no fee basis for a work-related illness?

Usually, yes, if a solicitor thinks the claim has reasonable prospects. A Conditional Fee Agreement means you pay no solicitor fees if the claim fails, and if it succeeds a success fee capped at 25% of general damages and past losses is deducted from your damages. Disease claims need medical and occupational hygiene evidence, so ask how those costs are covered.

You May Also Be Interested In

Industrial Disease

Claims for work-related illness

Read more

Asbestos-Related Disease Claims

Asbestosis, pleural thickening and lung cancer

Read more

Employer Has No Insurance

Tracing insurers and claiming when an employer has gone

Read more

Fatal Accidents

Claims following a death caused by negligence

Read more

Employers' Liability

Workplace injury claims and your rights

Read more

More guides on this topic

Noise-Induced Hearing Loss Claims

You can claim for hearing loss if prolonged noise at work, without proper protection or controls, caused it.

Read more

Hand-Arm Vibration Syndrome Claims

Hand-arm vibration syndrome, including vibration white finger, is a permanent nerve, blood-vessel and joint condition caused by prolonged use of vi…

Read more

Occupational Asthma Claims

Occupational asthma is asthma caused by a substance you breathe in at work, such as isocyanates, flour dust, wood dust or solder fumes.

Read more

Occupational Dermatitis Claims

Occupational contact dermatitis is skin inflammation caused by irritants or allergens at work, such as wet work, cleaning products, cement or oils.

Read more

Repetitive Strain Injury Claims

RSI, or a work-related upper limb disorder, is pain and damage to muscles, tendons or nerves from repetitive work.

Read more

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. Compensation Act 2006, s.3 (mesothelioma: damages)

    Where a person negligently exposed to asbestos develops mesothelioma, each responsible defendant is liable for the whole damage, even though it cannot be proved which exposure caused it (following Fairchild v Glenhaven).

  8. Mesothelioma Act 2014

    Created the Diffuse Mesothelioma Payment Scheme for people diagnosed on or after 25 July 2012 who cannot claim because the negligent employer no longer exists and its insurer cannot be traced.

  9. Fatal Accidents Act 1976

    Applies in England and Wales. Does not extend to Scotland.

  10. Employers' Liability Tracing Office

    Industry database that can help trace a former employer's employers' liability insurer, including for old disease claims.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

  • Free, no-obligation case review: you decide what happens next
  • Many claims are handled on a no win, no fee basis if the firm accepts your case
  • Takes about two minutes, and you can start with just the basics

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.