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Industrial Diseases – A Legal Point of View

Supreme Court Gives Right of Appeal to Swindon Solicitor in

A solicitor with a Swindon law firm has been given permission by the Supreme Court to make an appeal on behalf of a client which could have far-reaching ramifications for personal injury claims.

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

Brigitte Chandler – Asbestos and Industrial Diseases Claims Expert

Brigitte Chandler, a partner and industrial disease specialist at Swindon law firm, Charles Lucas & Marshall, is involved in a high profile test case involving a man from Dorset whose wife died following exposure to asbestos at work.

She received the order from the Supreme Court today (26 February) and now hopes the hearing will take place before the end of the year.

The case, which was completed last July, involved Mr Ian Knauer, whose wife, Sally, died from mesothelioma, a form of lung cancer, after exposure to asbestos whilst working at Guy’s Marsh Prison, Dorset. He was awarded £650,000 damages.

Mrs Knauer died in 2009. The amount of compensation awarded to her husband and family of £650,000 was based on a number of calculations including loss of his wife’s income and services, provision for nursing care and damages for pain and suffering.

“The issue of our appeal is centred around the date from which the multiplier for future losses is assessed,” explains Brigitte Chandler. “Traditionally this has always been the date of death.

“However, this means my client had to give a discount for accelerated receipt of monies ie for receiving all the compensation payment in one lump sum – even when he didn’t actually receive the money until the claim was decided, which, in this case, was five years later.”

It meant, in Mr Knauer’s case, he had lost £50,000 because of the rule.

Brigitte Chandler will argue that Mr Knauer should be given his loss in full for the last five years. If the appeal is successful it will affect claimants throughout England and enable them to achieve better compensation, particularly in serious cases.

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

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February 26th, 2015 at 5:44 pm

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