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25 May 2022 | Case Study | Article by Richard Green

Mesothelioma case settled for former painter/decorator

Mr A instructed Hugh James following his diagnosis with mesothelioma. Unfortunately, Mr A was exposed to asbestos with numerous companies as a painter/decorator whilst working in Somerset. He was exposed to asbestos whilst sanding down and painting soffits and fascias constructed from asbestos insulation board, scraping down and painting asbestos guttering and downpipes and rubbing down Artex ceilings.

Hugh James undertook extensive company research into each of these companies to establish which of the defendants was viable. A claim was pursued against the employers’ liability insurers of BS Hardacre, whom Mr A worked for between 1976 and 2011.

Mr A worked as a sub-contractor for BS Hardacre until 1996 when he was finally put on the books as an employee. Nevertheless, Hugh James were able to argue that although Mr A was a sub-contractor for the first 20 years, B S Hardacre ultimately had full oversight of his work and were responsible for the health and safety on site. On that basis, they should have protected him against exposure to asbestos.

Sadly, Mr A died just a couple of months after he was instructed. The matter was continued by his wife and the insurers for B S Hardacre went on to agree to settle the claim and the claim resolved for £157,000.

Lauren Bull, an Associate solicitor in the Individual Client Services, said:

Mr A was such a lovely gentleman, and it was a privilege to act on his behalf, and then on his wife’s behalf when he sadly passed away. All he wanted was for his wife to be okay, and I feel comfort in knowing that we were able to hold someone accountable for Mr A’s death and that I have been able to provide financial security for his wife moving forward.

Lauren Bull’s client said:

Lauren has been very kind, understanding and helpful throughout this process. Thank you.

Author bio

Richard is a Partner and heads a team of solicitors who specialise in asbestos related disease compensation claims.  His team assist those who suffer from mesothelioma, asbestosis, lung cancer and pleural thickening.

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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