David Johnston-Keay

The Coke Workers’ Litigation was a huge piece of work with over 500 men affected by respiratory disease and lung cancer. It took over 10 years and sadly, we lost many clients who succumbed to their illness over the course of the case.

This litigation was complex, and incredibly important in terms of disease litigation. It’s often cited as authority in subsequent claims.

Many lawyers like to talk about the amount of compensation recovered in individual cases. For me, the most memorable cases are those where the compensation, sometimes modest, has had a life-changing effect on the individual.

For instance:

• Gary (not his real name) developed a work-related life-limiting respiratory illness in his 40s. He had a blended young family and could no longer work. We secured an amount that meant he could move out of rented accommodation to buy a house mortgage-free and invest in a rental property that provided income. We gave him support and advice enabling him to receive benefits unaffected by the damages award (circa £400k).
• Stella (not her real name) was accepted into Sandringham to become an officer in the Armed Forces. She was left medically unfit to serve in the military due to an incident on exercise. While the settlement was modest, it allowed her to fund a university course to pursue an alternative career in the financial sector, which was much better paid. Of course, that was never her dream, but we helped her realise other options and provided an outcome that went towards funding that. (circa £50k)
• Phil (not his real name) was referred to us by his consultant, 10 years after first developing the disease and only when it became apparent his disease had progressed to the point that a lung transplant was necessary. Overcoming many hurdles in the claim and with his treatment, we secured a settlement allowing Phil to retire early (yes – he was still working!) and to do so without the financial worries that might come with the life-changing surgery he needed. (circa £250k)

After taking a detailed history from the client, and gathering medical and work records, we begin to piece together the evidence to explain what happened and how.

We begin with a letter notifying the wrongdoer of the claim (it’s often a current or former employer). That gives them an opportunity to respond to allegations of fault and to narrow issues. We separately instruct an appropriate medical expert to explain how the illness came about and what role the wrongdoer played in the cause of that condition.

We also begin to build a picture of what impact the injury had on the client, both in terms of the pain, suffering and emotional turmoil that comes with a diagnosis, but also the financial impact an injury can have. Rehabilitation or training might help some individuals get back to a role with comparative earnings and job satisfaction, but in my line of work, it’s not as frequent as I’d like to see.

Sometimes it’s possible to engage with opponents to resolve the case quickly and amicably, but where that’s not possible, the court has to be involved.

Making a claim can sometimes be daunting, but I ensure that my client is informed about what happens next and what decisions they have to make at key stages of the case, so they can make informed choices along the way.

I mostly work with my clients by either video or telephone, but as the need arises I can visit you at home or in hospital to talk through issues at key stages and when important decisions have to be made.

The first meeting involves an open conversation about your situation and how we can help you. I’ll advise you of the funding options available to you (we generally offer a no-win, no-fee agreement), and what sort of damages you may be able to claim for.

This is your opportunity to ask me any questions you have. I understand that making a claim can be a daunting and distressing prospect, and I always make sure my clients are as comfortable as possible.