Michael Osborne

Practice Areas

Michael Osborne is a Senior Associate solicitor who acts in claims for asbestos-related disease on behalf of victims of these diseases and their families. He joined Irwin Mitchell in November 2023. He has specialised in this field of work, representing only Claimants, since 1996. Michael has acted in many expedited, complex and high value claims.

He is accredited by APIL as a Senior Litigator (Occupational Disease Specialist and Asbestos Disease Specialist).

Michael has written a book, Asbestos Disease Claims: A Guide for Doctors and Healthcare Professionals and has contributed to Macmillan Cancer Support’s patient information booklet, Understanding Mesothelioma. He has spoken at specialist conferences.

Michael represented the Claimant in Carder v University of Exeter, a test case on the issue of the amount of asbestos exposure which was required for a claim for asbestosis to be actionable. The judgment made in the High Court in favour of the Claimant was unanimously upheld by the Court of Appeal. Michael also acted in Goodwin v Cullum Ceilings, in which the judgment upheld the Claimant’s right to make his claim against the Defendant under the TUPE Regulations 1981, even though his exposure to asbestos had ceased before his employment was transferred to the Defendant.

Michael takes a collaborative approach to his cases. He enjoys working with expert witnesses to ensure that his clients’ cases are put forward strongly. He also has a good working relationship with many barristers who are recognised as experts in their field. This allows his clients get excellent advice on their claims.

Publications

Michael has written a book, Asbestos Disease Claims: A Guide for Doctors and Healthcare Professionals and has contributed to Macmillan Cancer Support’s patient information booklet, Understanding Mesothelioma. He has spoken at specialist conferences.

Work Highlights

In the last 12 months Michael has negotiated settlements in several cases. The most outstanding are probably the following:

• A client with mesothelioma, settled on a full liability basis just over 12 months from instruction. It was important to conclude the claim during the Claimant’s lifetime as he was single. The claim could have been pursued on his behalf following his death, but the value would have been significantly reduced. The settlement also required the Defendant to indemnify the Claimant for future costs of treatment for the Claimant’s mesothelioma if the optimum treatment was not available under the NHS and was only available privately. (Indemnities in respect of private treatment costs are now extremely important in mesothelioma claims as there is a lot of research currently being undertaken into new forms of treatment for the disease.)

• Conclusion of the settlement of a mesothelioma claim on a fatal basis in spite of the deceased having had very little recollection of any exposure to asbestos dust in his employments. Settlement was concluded for more than £300,000.