Spindogs
28 September 2021 | Comment | Article by Angharad Jones

Settlement against L Slack & Son Ltd

The Asbestos team are on the home straight and heading to Cardiff for the final leg of the #MoveForMeso virtual challenge! We look back at a case where Hugh James were instructed by Mr H, following his diagnosis with asbestosis.

Mr H was exposed to asbestos during the course of his employment with L Slack & Son Ltd who were one of the main producers of asbestos products in South Wales in the 1960s.

Mr H’s role involved cutting asbestos sheets, which he did day in, day out. Cutting the asbestos sheets was an extremely dust process and Mr H had no choice but to breathe in the asbestos dust produced. He cut between 5 and 6 tonnes of asbestos sheets a day. He was not provided with a mask.

Employers’ Liability insurance was located for approximately 40% of Mr H’s employment with the company. Unfortunately, L Slack & Son Ltd was in liquidation and there was no viable paymaster in respect of the uninsured period.

Mr H was deemed to have a 15% respiratory disability due to asbestosis, in addition to the respiratory disability he also suffered due to his emphysema. As a result of both conditions combined, his care needs were extensive.

Unfortunately, Mr H’s health deteriorated significantly to the point where he was put on end-of-life care. Hugh James issued court proceedings against the defendant due to lack of response from their insurer and proceeded to an urgent Case Management Conference. Minutes before the hearing, the defendant’s solicitor admitted liability in the claim and an interim payment of £20,000 was awarded to Mr H.

The matter settled not long after for £81,500 gross during Mr H’s lifetime.  

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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