6 June 2021 | Case Study | Article by Natalia Rushworth-White

Case Study: Damages awarded to family of Mr C following his death due to asbestos exposure

Mr C instructed Hugh James following his diagnosis with mesothelioma, a cancer of the lining of the lung caused by asbestos exposure.

Mr C advised that he had been exposed to asbestos dust and fibres whilst working for J Lyons in the 1960s. Mr C was employed within the company’s bakery and kitchen area, and was exposed to asbestos dust and fibres released from pipe insulation whilst routine repair and maintenance work was carried out. A report from an independent medical expert confirmed that this exposure had likely caused his development of mesothelioma.

A detailed letter of claim was accordingly forwarded to J Lyon’s representatives but they were not prepared to accept responsibility for Mr C’s illness. We were left with no option but to issue Mr C’s case at court in order to move the matter forwards. Sadly, Mr C passed away soon after and so an application was made to the court in order to amend the court papers so that Mr C’s daughter could act on behalf of his Estate. Permission was granted and, shortly after, J Lyon’s representatives confirmed that they would not be contesting the allegations raised against them. Judgment was accordingly entered against J Lyon’s.

Thereafter, the court ordered a strict timetable for the swift exchange of valuation evidence between the parties with a view to encouraging settlement. Following exchange of this evidence and shortly before the final hearing listed in this matter, the parties agreed a six-figure sum in May 2021, in full and final settlement of Mr C’s case.

If you, like Mr C, have developed an asbestos related illness then contact Hugh James’ Asbestos Disease team today, as they may be able to help.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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