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Abestos Related Illnesses

Asbestos Related Illnesses

Industrial Diseases – A Legal Point of View



Leeds Man Receives Pay-Out from British Rail After

Brigitte Chandler

Brigitte Chandler

A former Leeds railway worker has received £55,000 in compensation after developing an asbestos related disease.

Michael Turpin, 69, from Oulton, Leeds was diagnosed with asbestosis after developing breathing problems. The Department of Transport, previously British Rail, accepted liability for his medical condition and agreed to settle out of court.

Mr Turpin’s solicitor, Brigitte Chandler, a leading industrial disease lawyer and partner with law firm, Charles Lucas & Marshall, has spent the last 35 years bringing claims against British Rail on behalf of clients exposed to asbestos.

“Most of this exposure was decades ago,” she said. “Asbestos can take up to 60 years to present itself and cause serious medical problems. This means many former railway workers will continue to develop asbestos disease in the coming years.”

Mr Turpin joined British Rail in 1962 at the age of 15. He was made redundant in 1971 but returned a year later to carry on working for British Rail until 1994. Initially he worked at the Sturton Engineering Sheds, cleaning boilers before going on to assist fitters who were working on locomotive steam pipes lined with asbestos.

In 1971 he transferred to the Holbeck Shed which was covered with white flaky asbestos. He then moved to the Sturton Carriage and Wagon Shop working as a lifter and riveter. Again pipework was lagged with asbestos.

“Mr Turpin has developed asbestosis,” said Brigitte Chandler. “Obviously, anyone who has worked with asbestos in the past and starts to experience respiratory problems should seek medical advice.”

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

 

Written by Brigitte Chandler

December 7th, 2016 at 1:23 pm

Widow Appeals For Witnesses From Derbyshire Building Company After Husband’s Death From Asbestos

Edwin "Reg" Williams

Edwin “Reg” Williams

A widow of a former joiner at Derbyshire builders, J W Swindells Ltd. is appealing for former work colleagues to contact her following her husband’s death from mesothelioma, an asbestos related disease.

Reg Williams worked for J W Swindells Ltd. in New Mills, High Peak Derbyshire between 1949 – 1961. During this period he worked at the Carbrook Print works and was involved in repairing the factory, re-roofing and general building.

His widow, Jean Williams, believes that he was asked to cut asbestos sheets to put under the roof.  He also sawed asbestos sheets for fire-proofing at the print works. She also believes her husband could have come into contact with asbestos when he was working at the local cotton mills in Whiteladies Road, Ashton Under Lyne and Hyde.

Brigitte Chandler, her solicitor with law firm Charles Lucas & Marshall and one of the UK’s leading legal specialists in asbestos litigation, is keen to get in touch with anyone who remembers Mr Williams at Swindells or the Carbrook Print works or at the cotton mills – or alternatively who can remember the use of asbestos during this period.

“We are hoping to file a claim against the insurers relating to Mr Williams’ death from mesothelioma, the asbestos related cancer which caused his death,” she said.

Edwin "Reg" Williams

Edwin “Reg” Williams

 

 

Anyone with information should contact Mrs Williams’ solicitor Ms Chandler at Charles Lucas & Marshall Solicitors, 4 High Street, Swindon, Wiltshire, SN2 3EP, T: 01793 511055 or Brigitte.chandler@clmlaw.co.uk  All information will be treated with the utmost confidence.   

20 October 2016

 

 

 

 

 

 

Edwin "Reg" Williams

Edwin “Reg” Williams

 

 

 

 

 

 

 

 

 

 

 

 

 

Written by Brigitte Chandler

October 20th, 2016 at 8:51 am

Posted in News,Witness Appeal

Tagged with ,

Former Swindon Pressed Steel Worker Wins Asbestos Court Case

Alfred Prater, a former panel beater and welder at Swindon’s Pressed Steel plant has won £37,000 in damages against his former employers and been awarded the right to make future claims if he suffers a deterioration in his health.

In a judgement handed out yesterday, (19 July 2016) at Bristol County Court, Mr Prater, who lives at Weedon Road, Swindon was awarded damages after the court heard he had developed diffuse pleural thickening of the lungs after coming into contact with asbestos while working for the Rover Company in Swindon between 1958 and 1975.

Brigitte Chandler - UK's foremost expert in asbestos related claims

Brigitte Chandler – Asbestos and Industrial Diseases Claims Expert

His solicitor, Brigitte Chandler of Swindon law firm, Charles Lucas & Marshall and one of the country’s leading legal experts on asbestos disease, said it was unfortunate his former employers did not agree to settle out of court.

“Over the years I have represented a number of workers from the old Pressed Steel factory who have developed various forms of asbestos disease,” she said. “For some reason the company decided to defend this case.

“I am delighted Mr Prater also won the right to return to make further claims should he go on to develop mesothelioma or lung cancer. Naturally, should his condition worsen, he wants to make provision for his family.”

Mr Prater was employed as a panel beater but had to undertake welding tasks to repair split panels. This involved him mixing asbestos with water and when the process was finished he would use his hands to push asbestos on to the floor. There were about 20 colleagues doing similar work.

“There were no masks, protective clothing or warnings given,” said Brigitte Chandler. “In fact, the staff used to throw balls of asbestos and use it as pea shooters because they were not advised of any danger. There weren’t even any shower facilities.”

The company claimed that because asbestos was used in small quantities they were not contravening any regulations. During the court hearing, the judge heard from Mr Prater’s colleagues as well as hospital doctors specialising in lung and respiratory conditions.

“The Judge came to the conclusion there was substantial asbestos exposure,” said Brigitte Chandler. He did not accept the evidence of the defendant’s doctor who tried to allege Mr Prater was suffering from hyperventilation syndrome.”

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Written by Brigitte Chandler

July 26th, 2016 at 12:48 pm

Gloucestershire Widow Wins Asbestos Damages from Bedford Engineering Company

A Gloucestershire widow has won £228k in damages from a Bedford engineering company after her husband died from mesothelioma, a condition related to asbestos exposure.

Mary Atkins, of Wollaston, Lydney brought the case after her husband, Richard died in 2013. He was an apprentice and engineer at APE Allen, part of Queens Engineering Works in Bedford. He was exposed to the asbestos in the 1960s.

Mrs Atkins’ solicitor, Brigitte Chandler of Swindon law firm Charles Lucas & Marshall and one of the UK’s leading legal specialists in asbestos litigation, said that as the exposure to asbestos took place more than 50 years ago it had been initially difficult to find witnesses.

“However we were able to trace a former colleague of Mr Atkins to New Zealand who remembered the exposure to asbestos and gave a statement. This forced the company to accept liability.”

Mr Atkins was involved in the installation and service work on ships and at pumping stations dealing with diesel engines, turbines and pipes. He worked on ships at Camellaird, Birkenhead and in Portsmouth.

“Asbestos was widely used in boiler and engine rooms on ships,” said Brigitte Chandler. “Quite often the work involved removing small amounts of asbestos.”

Developing asbestos disease can take up to 70 years from the point of exposure. Mrs Atkins was able to bring a claim for damages due to her husband’s pain and suffering and her loss of income.

“Many people may have forgotten they were exposed to asbestos,” said Brigitte Chandler. “It can happen in the home or in work, or even from people bringing it home on their clothes. If anyone develops chest pains they should seek medical advice.”

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Written by Brigitte Chandler

July 26th, 2016 at 11:54 am

Supreme Court Rejects Illogical Precedent on Death Payments

Brigitte Chandler - UK's foremost expert in asbestos related claims

Brigitte Chandler – Asbestos and Industrial Diseases Claims Expert

The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.

The widower of Mrs Knauer, a former administration assistant who died at the age of 46 from the disease in 2009, appealed a ruling that the annual figure for the value of lost income and services (the multiplicand) should be calculated from the date of her death.

Read full article here:

http://www.lawgazette.co.uk/law/supreme-court-rejects-illogical-precedent-on-death-payments/5053823.article

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

 

 

Written by Brigitte Chandler

March 16th, 2016 at 3:31 pm

Landmark Victory on Compensation

Who? Brigitte Chandler, partner and industrial disease specialist at Charles Lucas & Marshall in Swindon.

Brigitte Chandler

Brigitte Chandler

Why is she in the news? Acted for Ian Knauer, whose wife Sally, a former administration assistant at a Dorset prison, died aged 46 from mesothelioma in 2009. In Knauer v Ministry of Justice, Ian Knauer appealed a ruling that the annual figure for the value of lost income and services (the multiplicand) should be calculated from the date of her death.

Read the full article here:

http://www.lawgazette.co.uk/people/lawyer-in-the-news/landmark-victory-on-compensation/5054153.article

 

 

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Written by Brigitte Chandler

March 16th, 2016 at 3:26 pm

Supreme Court Rules To Change Compensation in Fatal Accident Cases

Dorset Man Wins Test Case as judges rule law needs to change as many claimants under-compensated

Insurance Industry to Face Millions in Extra Damages

Brigitte Chandler - UK's foremost expert in asbestos related claims

Brigitte Chandler – Asbestos and Industrial Diseases Claims Expert

Solicitors, Charles Lucas & Marshall have today (24 Feb) obtained a judgement from the Supreme Court which will change the law for fatal accident cases in the UK.

The change is likely to cost the insurance industry millions in extra damages each year.

The Judgement given by Lord Neuberger and Lady Hale, two senior judges at the Supreme Court, rules that the law relating to how damages in fatal accidents are calculated, has been inaccurate and not moved with developments in the law. This has resulted in many claimants being grossly under compensated.

In future, multipliers which are used to calculate the compensation amount, will be calculated from the date of trial, not the date of death.  It will mean that all claimants will receive greater sums to compensate for loss of income and services.

In 1999 a Law Commission report on claims for wrongful death indicated this change needed to be made – but the Government was not interested in bringing in a new law.

As a result, a case was brought by Ian Knauer, a client of Thames Valley law firm, Charles Lucas & Marshall and his solicitor, leading industrial disease lawyer, Brigitte Chandler.

Mr Knauer’s wife, Sally, died from mesothelioma as a result of exposure to asbestos in Guys Marsh Prison, Shaftsbury, Dorset where she worked as an administrator.

After proceedings were brought in the High Court, the Ministry of Justice accepted liability for her death.  There was an initial judgement in favour of Mr Knauer in July 2014, awarding damages of £647,840.51.

At the High Court hearing, because the case was of national interest, Mr Justice Bean gave leave for Mr Knauer to by-pass the Court of Appeal and go straight to the Supreme Court to appeal.

The appeal was heard by seven Judges of the Supreme Court including Lord Neuberger, President and Lady Hale, Deputy President, on the 28 January 2016.

Their judgement, issued today (24 February 2016), allowed Mr Knauer’s appeal and indicated that the law should be changed for all future personal injury claims where someone has died – including medical negligence claims, industrial disease claims and fatal road traffic accidents.

Mr Knauer was given an immediate further sum of £59,521.13 and payment of his legal costs.

Brigitte Chandler, of Charles Lucas & Marshall said many judges and lawyers have been aware of this anomaly in the law for many years.

“There have already been other cases which were brought before the courts but the insurance industry bought off these claims to avoid them being brought to the court,” she said.

“Our client, Mr Knauer, did not bring the appeal for the sake of getting more damages but to help other people who will have to bring claims in the future. He felt, as a result, perhaps his wife did not die from mesothelioma in vain and she was able to help future claimants.”

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

 

Written by Brigitte Chandler

February 24th, 2016 at 2:09 pm

Wiltshire Man Settles Asbestos Claim Against British Rail/Department of Transport

Derek Iles of Swindon Wiltshire has just settled a claim against his former employers British Rail in Swindon, now under the control of the Department For Transport.

Mr Iles left school in 1951 and went straight to work for British Rail, Swindon works. He remained at British Rail until 1973 when he was made redundant. During this period he worked initially as an apprentice fitter, turner and erector in a number of different shops. He worked in the B Shed, R Shop, W Shop, O Shop, AM Shop, G Shop, V Shop, P1 Shop, AE Shop.

In many of these shops he was exposed to asbestos which was used to lag locomotive boilers. The shops were heated with steam pipes lagged with asbestos. He had to do factory maintenance and he had to take out pipe work lagged with asbestos. During his employment he was never given any masks, protective clothing or warnings.

Unfortunately in 2014 he became breathless and developed a cough. He visited his GP and the local hospital and was diagnosed with asbestosis with 15% disablement.

Brigitte Chandler - UK's foremost expert in asbestos related claims

Brigitte Chandler – Asbestos and Industrial Diseases Claims Expert

The claim was settled by Brigitte Chandler, a leading industrial Disease solicitor from Charles Lucas & Marshall, 4 High Street, Swindon, Wiltshire.

Brigitte indicated that British Rail was a leading employer in past years in Swindon and asbestos was used throughout the works and many people who worked there are still developing asbestos disease at this stage. British Rail are aware of the problem and providing the claimant can show that he worked there and was exposed to asbestos and has developed asbestos disease, they will usually consider settlement.

Anyone who has had asbestos exposure in any industry and develops respiratory problems should obviously seek medical advice from their GP.

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

 

 

Written by Brigitte Chandler

December 1st, 2015 at 12:16 pm

Widow of Former Chatham Dockyard Worker Wins Asbestos Damages from Ministry of Defence

A widow of a former joiner at Chatham Dockyard has won £205k in damages from the Ministry of Defence after her husband died from mesothelioma, a health condition related to asbestos exposure.

Norma Blease, who no longer lives in the area, brought the claim after her husband, Colin, died in March 2013.

Her solicitor, Brigitte Chandler of Swindon law firm Charles Lucas & Marshall and one of the UK’s leading legal specialists in asbestos litigation, said a number of her clients had died or developed asbestos related diseases after working at Chatham Dockyards.

In the case of Mr and Mrs Blease, she was able to obtain documents from the Chatham Historic Dockyard Trust which proved Mr Blease worked there in the 1950s.

“There was further evidence in Mr Blease’s army record as he joined the army after leaving the dockyard,” said Brigitte Chandler. “This was very useful in terms of proof – especially when the person dies so many years after coming into contact with asbestos.”

Damages were paid for the pain and suffering Mr Blease went through and for the loss of income to his wife.

Mr Blease was a joiner at Chatham from 1951-57. Asbestos sheets were regularly cut in the joinery workshops and to clad bulkheads on the ships.

“Joiners had to go on the ships for re-fits and remove all the wooden furniture, panels and bunks so they could access the pipework,” said Brigitte Chandler. “Asbestos dust would be floating through the ships and left to lie around.”

The Ministry of Defence initially denied liability saying they had no record of Mr Blease being employed at Chatham.

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Written by Brigitte Chandler

October 29th, 2015 at 4:38 pm

Swindon Solicitor Welcomes Government U-Turn on Asbestos Court Fees

Swindon solicitor, Brigitte Chandler has welcomed a Government U-turn on court fees for victims of asbestos disease.

The Asbestos Victims Support Groups Forum UK brought the case after the Government implemented legislation, which would have seen sufferers of mesothelioma, a tumour caused almost exclusively by asbestos, being charged around £10,000 to commence court proceedings against negligent employers.

The Forum decided to challenge the increases to civil court fees which came into place in April 2015. Although a fee remissions scheme is in place, mesothelioma victims invariably obtain state payments in the form of an award under the Pneumoconiosis etc. (Workers’ Compensation Act) 1979 or the Diffuse Mesothelioma Payment Scheme. This meant it unlikely they would be able to benefit from the fee remissions scheme and would have to pay court fees themselves.

“Mesothelioma sufferers are generally people of modest means,” said Brigitte Chandler, a partner with Swindon law firm Charles Lucas & Marshall and one of the country’s leading experts on asbestos law.
“Having to pay that level of court fee in the last months of their lives would have prevented many clients from making a claim.”

The Government’s position was that claimants would be able to rely on the court fee remission scheme and would therefore either be able to avoid paying any court fee or pay only a proportion of the fee in line with their income.

However, it was pointed out that mesothelioma victims invariably obtain a lump sum payment of, on average, £13,000 under the Pneumoconiosis etc. (Workers Compensation) Act 1979 (PWCA) or the Diffuse Mesothelioma Payment Scheme.

Anyone with ‘disposable capital’ of over £16,000 falls outside the fee remissions scheme which means that mesothelioma claimants with only a modest amount of other capital would not be able to benefit from it.

The Government have now agreed to exclude payments made under the Pneumoconiosis etc (Workers Compensation) or the Diffuse Mesothelioma Payment Scheme. This means mesothelioma claimants, who, aside from these payments do not have £16,000 of spare capital, can now rely on the fee remissions scheme to pay their court costs.

For further information contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Written by Brigitte Chandler

September 26th, 2015 at 12:09 pm