Swindon & Southwest Asbestosgroup
Abestos Related Illnesses

Asbestos Related Illnesses

Industrial Diseases – A Legal Point of View



Archive for August, 2012

Family of Bicester Man Settles Asbestos Claim Against Builders, Jewson

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The family of a Bicester man has won an out of court settlement following their brother’s death from asbestos related cancer, caused by his work at builder’s merchants, Jewson.

Swindon & Southwest Asbestosgroup

Swindon & Southwest Asbestosgroup

Peter Wilkins of Marsh Gibbon, Bicester, died in March 2010, aged 82, after being diagnosed with mesothelioma cancer – almost always caused by asbestos. He worked for Jewson at its saw mill in Launton where asbestos products were commonly used.

Brigitte Chandler, a lawyer with Wantage firm, Charles Lucas & Marshall and one of the UK’s leading specialists in industrial disease litigation, brought the claim against Jewson on behalf of Mr Wilkins’ brother and sister.

Jewson, now trading as United Builders Merchants Ltd, SGDB Property Holdings and Meyer 9 Ltd, agreed to settle the claim out of court at £70,000.

“Sadly Mr Wilkins’ case is typical of what is happening now,” she said. “Asbestos was widely used in the building industry in the 1960s and 70s and people who worked in the industry are now suffering as a result. The number of people dying from asbestos cancer is expected to peak in the next few years.”

Mr Wilkins, who lived alone, originally worked on the family’s dairy and arable farm until the age of 49 when he changed occupation and began working in the builders’ yard from 1976 -1993.

The mill had an asbestos roof and sides and Mr Wilkins frequently had to repair them. He also had to cut asbestos sheets to size for customers, saw asbestos guttering and sell asbestos pipes and water tanks. When he did this type of work, asbestos dust flew everywhere and he was given no protective clothing.

“Mr Wilkins was working with asbestos products well into the 1980s,” says Brigitte Chandler. “By then the dangers of working with asbestos were widely known.”

Swindon and South West Asbestos Group is a regional charity formed about 11 years ago, providing information and support groups for asbestos sufferers and their families.

For further details contact Swindon and South West Asbestos Group, telephone 01793 532995 e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk

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

 

Written by Brigitte Chandler

August 23rd, 2012 at 9:31 am

Former Customs Officer Successfully Sues Revenue & Customs After Asbestos Exposure

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A former customs officer has successfully sued his employers, HM Revenue & Customs after being exposed to asbestos after he was asked to search ships for illegal contraband.

Paul Brett of Thatcham, Berkshire started his career with Customs & Excise in 1963 and became a preventative office at Gravesend and Tilbury Customs Stations. It was while searching the boiler rooms of ships that he came into contact with asbestos.

His solicitor, Brigitte Chandler, an industrial disease specialist with Thames Valley law firm, Charles Lucas & Marshall, has now settled a six figure compensation sum with HM Revenue & Customs who accepted liability and admitted a breach of duty in not providing Mr Brett with proper protective clothing.

Asbestos was widely used on ships in the past, including naval and merchant navy ships,” said Brigitte Chandler. “While there have been numerous asbestos claims in dockyards and from merchant seaman, there have not been huge numbers of cases involving the Inland Revenue.

“However, if customs officers had to daily go on board ships to search for contraband, they were exposed in the same way as seamen. The number of people dying from asbestos disease is likely to peak in the next few years and obviously people who did similar work are at risk.”

Mr Brett worked for HM Revenue & Customs for 43 years, retiring in 2006, receiving regular promotions and finishing his career at the Revenue’s head office in London, visiting other country’s law enforcement agencies and advising on best practice.

He was always fit and healthy but while on holiday in New Zealand last year, complained of breathlessness. On his return to the UK he was diagnosed with mesothelioma.

“Contraband can be very cleverly concealed so Mr Brett would have had to carry out exhaustive searches,” says Brigitte Chandler. “Often asbestos linings in pipes had to be partly removed and he had to climb on top of boilers covered in asbestos and search behind lagged pipe work.

“When he did this his overalls would be covered in asbestos dust and there were no shower facilities. He took the dust home with him.”

As well as aircraft, Mr Brett was part of a mobile crew that searched vessels at Sheerness, Rochester and Southampton.

In 2001 a regional charity was launched for asbestos sufferers and their families. It provides advice and information about DSS benefits and support groups. It can be contacted on 01793 532995 or info@asbestosgroup.co.uk or www.asbestosgroup.co.uk

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

Written by Brigitte Chandler

August 8th, 2012 at 8:30 am

Somerset Woman Wins Compensation from MoD

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A Somerset woman is to receive compensation from the Ministry of Defence following her husband’s death from cancer – caused by his coming into contact with asbestos on board Royal Navy ships.

Mary Phillips of Leigh upon Mendip, Somerset, won her claim after her husband, William died in September 2010 at the age of 72.

 William Phillips retired in 1997 after a long career in the Ministry of Defence. He started an apprenticeship at the Portsmouth Dockyards in 1954 and there was considerable asbestos on the deck and bulk heads of the boats.

 Mrs Phillip’s solicitor, Brigitte Chandler of Swindon law firm Charles Lucas & Marshall and one of the UK’s leading experts in asbestos-related claims, says that many MoD staff who worked on Royal Navy ships were exposed to asbestos.

 ”The claims are being settled by the MoD as they were well aware of the dangers of asbestos,” said Brigitte Chandler. “The dangers have been known since 1900 and since then there have been almost annual reports, warning of the dangers of asbestos but they were not acted upon in time by the Royal Navy.

“Mr Phillips was never given protective masks or clothing. Yet during his career in the Navy he would have walked through boiler rooms and engine rooms full of asbestos.”

Mr Phillips worked on several ships at Portsmouth including HMS Agincourt, an old destroyer which had to be modernised. The decks over machinery spaces were covered with asbestos that had to be pulled out. In 1964 he was moved to MoD headquarters in Bath to work as a draughtsman. In the mid 1980s it was discovered that asbestos lining had been used in the offices.

In May 2006, Mr Phillips developed pleural plaques on the lung and three years later developed mesothelioma, a lung cancer caused by asbestos. He started the compensation claim against the MoD but died before it was finalised.

“Unfortunately, asbestos disease can take up to 60 years to develop,” added Brigitte Chandler. “The number of asbestos deaths is rising and is expected to peak over the next few years. Anybody who has had exposure to asbestos and developed symptoms should seek urgent medical advice.”

The Swindon and South West Asbestos Group is a regional charity which provides support groups and a free advice service to people suffering from asbestos disease and their families.

For further details contact Swindon and South West Asbestos Group, telephone 01793 532995 e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk

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

Written by Brigitte Chandler

August 6th, 2012 at 3:25 pm