20 July 2021 | Case Study | Article by Ceri Clark

Case Study: Lydford mesothelioma claim settled

Mr H was diagnosed with Mesothelioma in October 2016 and sadly passed away in March 2017. Hugh James pursued the claim in the name of Mrs H and behalf of his estate. 

Mr H worked for Associated Electrical Ind (Woolwich) Ltd in the 1960s who were based locally. They were both a domestic and commercial cable manufacturer.  

Mr H’s role was to clear and sweep work areas clean which bought him into contact with asbestos. Mr H would sweep and clear up old lagging material from asbestos roofs, cables and asbestos fireproofing from industrial ovens.  

The claim was strongly disputed and as such court proceedings needed to be issued. As part of this Hugh James restored the Defendant company to the Register of Companies.  

The claim continued to be strongly disputed and as such numerous experts reports were required to support the claim. This included medical evidence to support the diagnosis of Mesothelioma and to consider the effect this cruel disease had on Mr H’s life expectancy.  

Unusually for a mesothelioma claim engineering evidence was required to support the claim as breach of duty continued to be in dispute throughout the claim. The engineering evidence concluded that Mr H had been negligently exposed to asbestos.  

As the trial date approached the parties negotiated with the Defendant eventually making an offer to settle the claim for £120,000 more than their initial offer.  

The matter eventually settled in the gross sum of £170,000 6 weeks prior to the listed trial in October 2020.  

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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