A former miner who was diagnosed with an asbestos-related cancer has been awarded damages of more than £70,000 by the High Court in a case which sheds light on the way in which compensation settlements in such cases should be calculated.

Dennis Ball, 92, was exposed to asbestos while working for two collieries in Nottinghamshire between 1967 and 1985.

Mr Ball began experiencing symptoms in January 2011, and in April that year a diagnosis of mesothelioma was confirmed. He had previously lived in his own flat and led a relatively independent life, but his illness meant that he had to go into a nursing home.

Mesothelioma is a deadly cancer of the lining of the lungs, which is almost always caused by exposure to asbestos and for which there is no cure.

Mr Ball’s former employers admitted liability but could not agree a settlement in compensation. The case ended up in the High Court, which awarded Mr Ball more than £70,000.

The case is a landmark decision because it emphasises that the amount of compensation should reflect the circumstances of the affected individual. In this case, the fact that Mr Ball’s illness had greatly reduced his independence led the Court to make a larger award. In the past, younger victims have tended to receive larger settlements because, compared with older sufferers, they experience a greater loss of amenity in terms of the effect on their life expectancy.

The Health and Safety Executive website has useful information on asbestos.