19th October, 2005

Our Client v W T Knowles & Son Ltd

Claimant developed mesothelioma in April 2005 following exposure to asbestos dust whilst going into a boiler house at the Defendant's premises in the late 1960's and 1970's. His exposure to asbestos dust was light and intermittent.

A week before trial negligence was conceded. The claim settled for £190,000 on the Friday before the trial listed for Monday. Regrettably, the Claimant has died. The claim took 5 months to conclude.

Our Client v The Atlas Stone Co Ltd

Our client was aged 63 years at the date of settlement. He was exposed to asbestos from September 1968 - January 1969 when he worked as a machine operator/production worker for The Atlas Stone Co Ltd. He made asbestos products including asbestos sheets. He developed diffuse pleural thickening as a result.

The medical evidence was hotly contested. Our medical expert thought that our client had been suffering from asbestos related symptoms since 1995 and that he had to give up work as a self-employed bricklayer as a result. The Defendant's medical expert thought that our client's disability was just 10% - 15% which had been present since only 2002. Our client made a claim for past loss of earnings going back to 1995 based upon our medical evidence. The Defendant denied that any past loss of earnings should be paid based on their medical evidence. Apart from their medical evidence they also said that because records about our client's previous earnings before 1995 were no longer available (our client and his bookkeeper having destroyed the records and the Inland Revenue having limited documents) that we could not establish what our client's earnings were before 1995 in any event. They also argued that any claim for loss of earnings should be limited because of our client's age and that his failure to obtain another job was due to economic trends in the building trade and his age.

A further argument that they raised was that our client's case was out of time. He was diagnosed with pleural plaques in 1995 but his treating doctors reassured him that the condition was not significant and was not the cause of his symptoms. Court proceedings were brought and liability was originally denied by the Defendant. After getting evidence from an expert engineer and serving statements from our client and some of his former workmates, the Defendant admitted liability. The case settled nine days before trial when the Defendant made an offer of compensation of just under £170,000. After deduction of certain government benefits and a government payment that our client had already received, he received damages in his hand of £155,780.78.

Kevin Johnson
Solicitor,
John Pickering and Partners