Malcolm Gelsthorpe from Newark in Nottinghamshire was employed by Steamtown Railway Museum Limited when the company was awarded a contract to restore historic Pullman train carriages for the Orient Express. His employment was transferred under TUPE regulations—first to Carnforth Railway Restoration & Engineering Services Ltd and later to St Hogg’s Property Investments Limited.

 

Mr Gelsthorpe died on March 7th 2025.

 

During the restoration work, Mr Gelsthorpe and his colleagues were required to undertake electrical work within the railway carriages of these vintage trains, which his lawyers claimed were heavily contaminated with asbestos. The dangerous material was found beneath the seats, around heaters, in electrical cupboards, within metalwork, and even sprayed across the entire metal carcass of the train carriage with blue asbestos insulation. 

 

Despite clear health risks, no liability was admitted by St Hoggs Property Investments Limited, which had taken over Mr Gelsthorpe’s employment. As a result, Thompsons Solicitors initiated High Court proceedings.

 

At the first hearing, the court awarded judgment in favour of Mr Gelsthorpe on a 100% basis. The Defendant, St Hoggs Property Investments Limited, made no admission of liability.

 

In a statement, Malcolm’s family said:

“Malcolm would have wanted something positive to come from such a terrible situation. This case should serve as a wake-up call. Every year, more than 5,000 people in the UK lose their lives to asbestos-related diseases — a stark reminder that the dangers of asbestos are far from a thing of the past.

 

“It is especially fitting to speak out during Global Asbestos Awareness Week. We hope that this judgment can serve as a strong incentive to employers and those in positions of responsibility to prioritise health and safety at work.

 

No one should have to endure what Malcolm went through. Real change is long overdue — we want this case to help drive that change, with stronger protections for workers, real efforts to eliminate asbestos, throughout society and a genuine commitment to learning from the past.”

 

Sarah Kennerley Fawcett, a specialist asbestos disease lawyer at Thompsons Solicitors, who represented Mr Gelsthorpe, said:

 

“This case is a stark reminder of the enduring legacy of asbestos exposure and the tragic consequences it continues to have for working people. Mr Gelsthorpe was simply doing his job—restoring carriages now admired for their elegance and history. The luxury of those trains came at a devastating cost for the workers behind the scenes. 

 

“We are proud to have helped Mr Gelsthorpe and his family achieve justice, holding those responsible to account even decades after the alleged exposure occurred.”