Imagine | Summer 2025
A digital magazine from Irwin Mitchell
Imagine | Summer 2025 A digital magazine from Irwin Mitchell
Imagine | Summer 2025
A digital magazine from Irwin Mitchell
David Paul worked at Waitrose for 42 years. In that time, as shopping habits evolved, supermarkets were constantly rearranged and refurbished. And making changes to any pre-1999 UK building* carries the risk of disturbing asbestos.
David worked at Waitrose from the age of 16.
Asbestos-related disease is the UK’s biggest cause of death linked to occupation, affecting more than 5,000 people a year. Yet, David received no training about how to identify, or deal with, the cancer-causing material. His role required him to work with refrigeration, ceiling tiles, refurbishments and boiler problems in basements; all places where asbestos is typically found.
David was diagnosed with mesothelioma early in 2020. At the time of his death in November 2021, his employer had not accepted responsibility for his asbestos exposure. David’s daughter, Nicky Paul, continued the claim on his behalf, relentlessly pursuing evidence from colleagues who shared experiences that confirmed to her many of the occasions David would have unwittingly been exposed to asbestos. After a hard-fought battle with the retail giant, the claim was settled out of court.
We caught up with Nicky to talk about continuing her dad’s claim in his memory and in pursuit of answers to give the family peace of mind.
Can you tell us about your dad’s diagnosis? When did he realise something was wrong and when did he find out he had mesothelioma?
I always tell people that Dad was the healthiest guy. Don’t get me wrong, he would enjoy food and drink, but he always tried to make sure he was on the good side of things, and he was very active. He played golf, or we’d run back to the car after football matches. But, coming up to Christmas 2019 he kept saying that he felt really tired. We put it down to winter blues at first, so he booked a holiday to Sri Lanka with my step mum, Judy, in January 2020.
On his return, he knew something wasn’t right. He’d struggled hiking and thought he might have an infection. His doctor sent him for a chest x-ray.
He asked me to go with him to hospital, and I remember saying, “What have you done to yourself?”
It soon became apparent that one of his lungs was filled with fluid. Listening through the stethoscope, it sounded like he was speaking underwater.
We started to understand that it was something serious. Dad spent a few days in hospital, then a couple of weeks later he went in for a biopsy. Doctors kept asking if he’d worked with asbestos. His answer was always no. He’d worked for Waitrose all his life, since he was 16 years old.
The question came up persistently and there was one occasion where I had Dad’s documents after picking them up in a flurry as we left the hospital. Under the box that said, “Most likely illness or symptoms” was the word, mesothelioma. I googled what it meant and realised it was caused by asbestos.
Getting the biopsy results felt very transactional. Dad was told he had a small number of years to live and that he should, “Travel the world, drink wine and enjoy yourself.”
For the first week or so, we thought we’d be able to manage some of that, but then lockdown happened. Dad and Judy were suddenly isolated, and we couldn’t see him.
When did you realise you might need legal advice?
After we received Dad’s diagnosis, we wanted to understand it a bit more. My dad, my mum, my step-mum and I all worked for the John Lewis Partnership, and we’d never been told that we should be aware of asbestos, or how to look out for it. Once we learned how exposure happens, it started to make more sense.
We came to realise that, even where companies have been well intended, their practices may have been poor, or just not up to scratch. Dad felt like he was one of the unlucky people who suffered as a result and that was his motivation for pursuing a compensation claim.
The mesothelioma charity, HASAG, gave us a list of law firms experienced in dealing with mesothelioma claims. Dad wanted to make sure the firm he chose had the technical ability, but also the character that he felt comfortable with. He didn’t want an aggressive pursuit, but a fair and proper process. He wanted his claim to be handled with integrity and thoughtfulness that reflected all he’d given to his career and the situation he now found himself in.
When he met Guy Darlaston and he was so measured, it was an easy decision for Dad to make.
What was your experience of taking over your dad’s claim?
I first spoke to Guy myself when Dad was given two months to live. It made sense for me take over the claim as my step mum, Judy, was caring for Dad. I also had knowledge of the inner workings of Dad’s brain, and knowledge of the business too. When Dad passed away in November 2021, I wanted to make sure that everything was handled well on his behalf and that drove me forward.
Dad originally provided evidence of the five shops he’d worked in full time, but as a regional manager, he’d spent time in many others. I felt it was important to paint a bigger picture of the work he was doing, so I decided to contact people. Guy was happy to reach out to them for me, but I wanted to speak to them myself, explain what was happening and a bit about Dad’s motivation for bringing a claim. In listening to their memories, I uncovered accounts of stores riddled with asbestos, where people were told not to put pins in the walls. People had different views on how much they could support us, some offering up anything they could, and others being concerned about the impact speaking out would have on their own employment.
Irwin Mitchell supported me throughout and I felt like they became a kind of extended family in the legal space. Guy was very empathetic and realistic, taking time to explain why it was important to instruct an asbestos specialist and a barrister even if at times it felt like the experts depersonalised our experiences. In contrast, Guy made us feel like Dad was his only client.
Because liability wasn’t admitted, we had to prepare Dad’s claim for court. Guy made us feel confident about taking this step, but in the end, settling the claim without a court hearing was a huge relief. We were only prepared to settle without a "non-disclosure agreement" as it was important to use to be able to talk about Dad’s claim and raise awareness by telling his story.
I feel strongly that it helped to have really considered, thoughtful people on our side during the claim. There’s a lot to grapple with. That’s why you want a Guy and an Irwin Mitchell.
Irwin Mitchell supported me throughout and I felt like they became a kind of extended family in the legal space.
How did you cope, dealing with the case at the same time as losing your dad?
I never directly linked losing Dad to dealing with the case. In many ways it was quite cathartic. I kept asking myself, “What would Dad do?” I knew he’d leave no stone unturned, and I felt like I owed it to him to do the same.
Dad was a huge part of my life; we used to watch football and Formula One and take trips together. He was the one that encouraged me to take up golf. And so, I had this big gap. In some ways the case kind of filled a bit of that. It gave me lots of opportunities to talk about him. And a big thing for me was this belief that if I could just make it a little bit easier for somebody else in the future, then I would do that.
When the worst things happen, you see everything so differently. It’s one of the cruellest things. But now I live everything for Dad, and I’m happy. He always used to say, “You’ve only got one life, so what are you going to do with it.” With the claim behind us, I’m in that headspace now.
Are you still in contact with Guy and Irwin Mitchell?
What I like about Irwin Mitchell is that they were on the same page as we were about trying to find the right way to do things, the right timing. It was nice for Dad to know that there was this organisation supporting him and backing him up when the company he’d given his life to had failed.
It’s over a year since dad’s claim settled and I recently met up with Guy. I told him I wanted to lend our voice to support people in similar situations. We were able to bring valuable information about the retail experience and our family has a lot of confidence in speaking out. I can see how that won’t always be the case for people, so anything that I can do to make their journey easier feels worthwhile.
What’s your advice to others who might be considering a claim?
Recognise that the claim affects your whole family, not just the person diagnosed with mesothelioma.
Emotionally, I don’t think it’s the best thing for one person to deal with by themself. It’s sad for me to think that Dad was plotting out his history and experiences on his own. I was able to join so many dots after he died, but then I couldn’t ask him any more questions.
If you find yourself anywhere near asbestos, you should record it.
Having had so many conversations with different people to try and support Dad’s claim, I think it’s important that people know to record any possible exposure to asbestos at the time it happens. Trying to remind yourself what you did 35 years ago is impossible.
A claim can provide vital compensation.
I’ve thought so many times how, for many people, compensation is really vital. It’s needed even more when the person diagnosed is the main breadwinner or the person whose pension a family relies on. People really need the money to make sure they’re OK afterwards, and I think that’s a really important consideration in deciding whether or not to pursue a claim.
Be prepared for difficult conversations during the claim.
I want people to know that there will come a point in the claim where you have to discuss how much compensation is the right amount, what’s the value of a life. It’s a tough conversation for anyone to have. We’re quite good as a family about being blunt while acknowledging that we’re having a sensitive conversation, but if I was sat alongside a friend, one of the first things I’d say is that having a financial conversation doesn’t feel good. Talking about a person’s value is an incredibly difficult thing to deal with.
Try to make sure you get the right balance.
Give the claim whatever energy you can, knowing that there will always be something else you could have done. But try and make sure you’ve got the right balance. Don’t bury your head in the sand but, equally, don’t pursue it so that you’re distracted from the most important thing, which is spending time with the person in your family. It’s a careful line to tread.
*1999 is the year asbestos use was banned in the UK.
“It was a privilege to represent David and Nicky. The case was one of the most hard-fought I have ever experienced in 26 years – a real David and Goliath story against one of the largest retailers in the UK. Despite the loyalty David had shown to Waitrose throughout his entire working life, they seemed to close ranks at a time when he needed them most. David and Nicky’s sole objective was to change the company’s practices to protect and support its staff and to lay a trail of evidence for others to find in the future. I am pleased that we were able to help achieve David’s wishes.”
Guy Darlaston – Partner & London Head of Asbestos and Occupational Disease
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If you or a loved one’s been diagnosed with mesothelioma or another asbestos-related disease, and you need support and guidance, please reach out to our caring and professional team.