David Allan, QC, of Byrom Street Chambers, Manchester, acted for the family of Dianne Willmore, who is believed to be the first person to be awarded compensation for exposure to asbestos while a school pupil.
In its landmark ruling the Supreme Court said that her family were entitled to £240,000 in compensation, which she was awarded the day before she died, aged 49, in 2009.
What were the main challenges of this case and possible implications?
The main challenge was proving the circumstances in which Dianne Willmore was exposed to asbestos dust when a pupil at school in the 1970s, given that her own recollection of events was understandably very limited.
In the event Dianne, despite her terminal illness, gave evidence in a courageous and truthful manner. The decision of the Supreme Court and the courts below holds out the prospect that other mesothelioma victims who have had limited exposure to asbestos when at school or in other situations will recover compensation.
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What was your worst day as a lawyer?
As a junior barrister appearing in the Court of Appeal, being subjected to excoriating criticism for a facetious written pleading and with the end result that a substantial part of the claimant’s case was struck out.
What was your most memorable experience as a lawyer?
Working with Sir Sydney Kentridge, QC, on the successful appeal to the House of Lords in the Fairchild, Fox and Matthews cases after the Court of Appeal’s judgment had put compensation for many mesothelioma victims in jeopardy. Sir Sydney is the advocate’s advocate.
Who has been the most influential person in your life, and why?
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In my professional life I was fortunate to be instructed in many cases with Lady Justice Janet Smith when she was a Queen’s Counsel. I learnt much about the conduct of personal injury claims from her.
In Byrom Street Chambers, Giles Wingate-Saul, QC, now retired, was a brilliant lawyer who frequently provided me with a sound judgment on many legal problems.
In my private life, my wife has always provided the support which is so vital to surviving the demands of being a barrister.
Why did you become a lawyer?
I was inspired by listening to Edgar Lustgarten’s radio series on famous trials, and when a teenager my mother gave me a biography of Norman Birkett, one of the great advocates of the 20th century.
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What would your advice be to anyone wanting a career in law?
There is a lot of negative advice being proffered to young people aspiring to a career in the law. It is undoubtedly very competitive but there are still excellent opportunities for determined, able and hardworking individuals. Be prepared for many rejections, but persist.
Where do you see yourself in ten years?
Still a member of this chambers and, hopefully, with more grandchildren.