Asbestos Related Illnesses

The UK Supreme Court has today delivered a ruling which could allow thousands of insurance claims by families of people who died after exposure to asbestos.

Brigitte Chandler - Asbestos and Industrial Diseases Claims Expert

Swindon solicitor Brigitte Chandler, from the law firm Charles Lucas & Marshall and one of the UK’s leading experts on asbestos law, welcomed the decision.

She said: “This is very good news indeed for people who develop asbestos disease and their families.”

The court placed insurance liability at the time an employee was exposed to asbestos,rather than the time symptoms appeared. Relatives of workers who died of the cancer mesothelioma want to make claims on policies, some of which date back to the 1940s.

And the decision overturns an earlier ruling by the Court of Appeal which indicated that in some cases the insurance policy which is in place when the illness starts should pay the claim.

Brigitte Chandler added: “The insurers have been trying to argue that the liability should remain with the company in place at the time the illness develops. The problem with this is that most people were exposed to asbestos up to 40, 50 or 60 years ago.

“Many companies who exposed their employees are no longer in existence and the insurance policies have been lost.  This means that if the Supreme Court had not given their ruling, many people would no longer have been able to get compensation as there would have been no company and no insurers to pay them.

“The insurers were paid to provide employer liability cover under statutory regulations and as they were paid to cover this liability, it is only right that they should now have to pay. 

“It is good to see such a common sense decision by the Supreme Court . Many people have been waiting for several years for compensation and will now finally receive the monies due to them.”

The Supreme Court was asked to rule after judges in lower courts failed to agree. Families had a success in 2008, when the High Court said firms’ insurers at the time workers inhaled fibres were liable.

But two years later the Court of Appeal said that in some cases liability was triggered when symptoms developed – which could be decades after exposure.

The new ruling by a panel of five Supreme Court justices states that the disease can be said to have been “sustained” by an employee in the period when it was caused or initiated.

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

A Cirencester man who worked at British Rail, Swindon in the 1950s is to receive £145,000 from his former employers after developing asbestos related cancer.

Henry Lammin, of Beecroft Court, Cirencester, started to suffer ill health last summer and has been subsequently diagnosed with mesothelioma, a cancer which develops after coming into contact with asbestos.

Mr Lammin’s lawyer, Brigitte Chandler of Swindon law firm, Charles Lucas & Marshall, persuaded British Rail to accept immediate liability, given Mr Lammin’s poor state of health – and he has now accepted a compensation offer of £145,000.

“There have been many previous claims against British Rail in Swindon and this trend is on-going,” said Brigitte Chandler, a partner with Charles Lucas & Marshall and one of the country’s leading legal authorities on asbestos compensation.

“The number of people developing asbestos-related cancer is due to peak in the next few years. There were obviously thousands of people at the Swindon works who were exposed to asbestos so unfortunately the problem will be with us for several years to come.”

Mr Lammin worked for British Rail, Swindon from 1951- 57 and again between 1959-1960. He worked as a general fitter and turner in several of the workshops. During his time there he had to drill into railway carriages to fit communication cords. The carriages were lagged with blue asbestos.

During his time in the Stamp Shop his job was to maintain the hammers. The steam pipes were covered with white asbestos lagging which he had to scrape off to access the hammers.

Swindon & Southwest Asbestosgroup

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.

They now offer home visits to sufferers in the Swindon area to advise on benefits available. 

For further details contact Swindon and South West Asbestos Group, PO Box 2729, Swindon, SN1 4ZW, telephone 01793 813616, e-mail: info@asbestosgroup.co.uk or visit www.asbestosgroup.co.uk.

A Swindon lawyer has won a £200,000 settlement for a woman whose husband died after asbestos exposure and in a case which was only concluded following the discovery of a telephone directory from the 1950s.

Pamela Holliday of Burnham, Slough took legal action against Tretol Group in Canterbury, Kent after her husband, Ralph, died in June 2008. However her husband’s employers initially refused to accept responsibility, claiming Ralph Holliday had never worked for them.

Brigitte Chandler - Asbestos and Industrial Diseases Claims Expert

She contacted Swindon lawyer, Brigitte Chandler of law firm, Charles Lucas & Marshall, one of the country’s leading experts on asbestos law, who issued proceedings in the High Court when the Tretol Group refused to answer any correspondence.

“It was only at this stage, when legal proceedings were issued, that the company responded,” says Brigitte Chandler. “They accepted liability and one week before the trial was due to start they agreed to a settlement out of court. This was a great relief to Mrs Holliday and meant court attendance was not necessary.”

Ralph Holliday worked for Tretol Limited at its factory in Buckingham Avenue, Slough between 1951- 54. The company manufactured anti-freeze paints, bitumen and plastics. Mr Holliday was required to handle asbestos which was delivered to the factory in hessian sacks.

“Mr Holliday was asked to weigh out the asbestos and was not given any protective clothing,” says Brigitte Chandler.

Tretol Limited accepted it was in breach of The Factories Act, 1937 and the Asbestos Industry Regulations, 1931. Initially they refused to accept that Mr Holliday had worked for them and claimed he had worked for another company with a similar name.

“However, after much searching, we were able to find a telephone directory from the 1950s which proved to the company Mr Holliday had worked for them,” says Brigitte Chandler.  “In the end, we managed to achieve a very good result for Mrs Holliday.

“Unfortunately, many people were exposed to asbestos in factories in the 1950s as it was widely used. We expect the number of people dying from asbestos related cancers to peak in the next few years.”

There is a regional charity to provide support to people suffering from asbestos disease and their families. Free advice can be obtained by writing to the Swindon and South West Asbestos Group, PO Box 2729, Swindon SN1 4ZW or 01793 813616 or info@asbestosgroup.co.uk / Swindon & SouthWest Asbestosgroup Website.

A Cheltenham family has successfully sued BAE Systems after their father died as a result of being exposed to asbestos at a Gloucester factory.

William Evans of Charlton Kings, Cheltenham died earlier this year from mesothelioma, a cancer almost always caused by asbestos. Mr Evans had worked for A W Hawksley Ltd, a subsiary of BAE Systems Pensions Funds Investment Management.

The company accepted liability and made a settlement of £92,000 to Mr Evans’ two adult children.

The family’s solicitor, Brigitte Chandler of law firm Charles Lucas & Marshall and one of the country’s leading specialists in asbestos-related law, said that many former workers in the building industry are now being diagnosed with mesothelioma.

“Mesothelioma can take up to 60 years to develop,” she said. “Asbestos was widely used in buildings after the war with workers often given little protection. As a consequence we are now seeing a rise in the number of people from the industry diagnosed with mesothelioma.”

Mr Evans worked for A W Hawksley in Hucclecote, Brockworth, Gloucester between 1947 – 1950. He worked in a large factory, manufacturing pre-fabricated houses in which asbestos was extensively used.

His job involved drilling into asbestos sheets. Mr Evans was given no warnings or protective clothing and wore ordinary cotton overalls which he took home to wash.

“These prefabricated houses were widely used as council houses at the time,” says Brigitte Chandler. “They are still in existence in some areas.”

In 2009 Mr Evans started to suffer health problems. The defendants accepted liability and that they had wrongly exposed Mr Evans to asbestos.

“Anybody who worked with asbestos in the past and is suffering from any sort of chest problem should seek medical advice,” says Brigitte Chandler.

A  recent Health and Safety Executive report predicts that the peak in the number of people expected to die from mesothelioma will be next year – five years earlier than expected.

Many people may develop other asbestos illnesses such as asbestosis or pleural thickening of the lungs.  Damages are payable for this and advice should be sought from a solicitor specialising in asbestos disease.

There is a regional charity that provides support and free advice to victims and families of asbestos sufferers. The Swindon and South West Asbestos Group can be contacted on 01793 813616 or info@asbestosgroup.co.uk, www.asbestosgroup.co.uk

An East Sussex woman whose husband died from exposure to asbestos has won substantial damages from a Twickenham building company.

Brenda Clark, of Battle, East Sussex has been awarded £160,000 after her husband, James, died from the asbestos-related disease in 2008.

Her solicitor, Brigitte Chandler of law firm Charles Lucas & Marshall and one of the country’s leading specialists in asbestos-related law, said that many former workers in the building industry are now being diagnosed with mesothelioma, a cancer almost always caused by asbestos.

“Mesothelioma can take between 40 – 60 years to develop,” she said. “Asbestos was widely used in buildings in the 1960s and 70s with workers often given little protection. As a consequence we are now seeing a rise in the number of people from the industry diagnosed with mesothelioma.”

Mr Clark worked for Anderson Construction Company in Richmond Road, Twickenham, initially as a ceiling fixer. He installed asbestos tiles at Victoria Underground Station, Standard Telephone Cables Company and at the Lister Hospital, Stevenage.

His work involved him drilling holes into the asbestos tiles. At the end of the day he was often covered in asbestos dust.

In 2007 he started to suffer from health problems and was diagnosed a year later at Conquest Hospital, Hastings as having mesothelioma.

Anderson Construction Company admitted liability.

“Anybody who worked with asbestos in the 60s and 70s and is suffering from any sort of chest problem should seek medical advice,” says Brigitte Chandler.

Many people may develop other asbestos illnesses such as asbestosis or pleural thickening of the lungs.  Damages are payable for this and advice should be sought from a solicitor specialising in asbestos disease.

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

A Bath woman is to receive £76,250 in damages from the Ministry of Defence after her father died as a result of asbestos exposure while working on board naval ships in Portsmouth.

Leslie Elwall, 85, died two years ago after developing mesothelioma as a direct result of his coming into contact with asbestos when he worked on board ships such as HMS Ark Royal, HMS Albion and others.

His daughter, Irene Morris, brought the compensation claim on her father’s behalf after his death.

The family’s solicitor, Brigitte Chandler, of Swindon law firm Charles Lucas & Marshall and one of the country’s leading specialists in asbestos law, explained that although Mr Elwall worked on naval ships he was still able to make a claim for compensation because he was a civilian.

“Unfortunately there is Crown immunity for members of the armed forces who are not allowed to bring claims for exposure to asbestos,” she said. “However Mr Elwall was a civilian which is why his daughter was able to make a claim on behalf of his estate.”

Mr Elwall joined the Ministry of Defence in Bath in 1947 to work as a draughtsman and technical officer. His job meant he had to live on board ships moored in Portsmouth for two to three weeks at a time. When he was on board, the ships were often being re-fitted which meant asbestos lagging on cylinders, boilers and pipes was exposed.

“Asbestos continued to be used on ships during the 40s, 50s and 60s, even though the Government was well aware of the dangers,” said Brigitte Chandler. “Many people have become ill as a result and the numbers dying from mesothelioma are expected to rise for a number of years.”

There is a regional charity to provide support for families and widows of asbestos sufferers in the South West. It can be contacted on: 01793 813616 or info@asbestosgroup.co.uk / Swindon & SouthWest Asbestosgroup Website.

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

A Didcot man who has developed asbestosis, has won an out of court settlement against his former employers and won the right to make further claims should his condition deteriorate.

Didcot

Barry Jones, age 70 of Hayden Road, Didcot worked for L.R. Burrows, an  insulation engineering company, now based at Landport Road, Wolverhampton. He joined the company in 1956 and left after three years. He rejoined the business in 1965 but left a year later.

Mr Jones was awarded provisional damages of £30k with the right to take further legal action should his asbestosis develop into a more serious illness, such as lung cancer.

His solicitor, Brigitte Chandler, a leading expert in industrial disease, at  Wantage law firm, Charles Lucas & Marshall and who has represented many hundreds of workers exposed to asbestos over the last 30 years, says Mr Jones was extensively exposed to asbestos during his time at the engineering firm.

“He had to mix up materials and big asbestos sacks would be delivered regularly,” she says. “He had to pour asbestos into a drum and mix it with water. It would then be spread by hand over the boiler, like plaster.

“Mr Jones worked at a number of different companies in Wolverhampton doing this insulating work on behalf of L.R.Burrows, including Goodyear, Lamp Black and Midlands Tar Distilleries.”

Mr Jones began to develop chest pains a few years ago and was diagnosed with asbestosis at the Churchill Hospital, Oxford.

“Unfortunately a large amount of asbestos was imported into this country in the 1960s and 70s and as a result, the number of people developing asbestos related illnesses is increasing constantly with numbers due to peak in the next ten to fifteen years,” says Brigitte Chandler.

“It can take up to 60 years following exposure to asbestos for an illness to develop. Anyone who is concerned about being exposed to asbestos and developing a respiratory illness should seek medical and legal advice and consider bringing a claim against their employer.”

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

Swindon solicitor, Brigitte Chandler, has called for consistent legislation across the UK following today’s (12^th) decision in the Scottish courts which continues to allow people with an asbestos related illness to claim compensation.

Pleural Plaques

“It is ridiculous that we have one rule for Scotland and Ireland – and one rule for England,” says Brigitte Chandler, a solicitor with Charles Lucas & Marshall and one of the UK’s leading specialists in asbestos related litigation. “We are in an absurd position and the Government needs to recognise this.

Insurers had been trying to overturn the law in Scotland which allows people with pleural plaques, a scarring of the lungs, to claim compensation. Insurers had argued that the law was ‘flawed’.

However, the Scottish Court of Session today upheld the decision by the Scottish Parliament which allows people with pleural plaques to sue employers if they develop the condition due to exposure to asbestos at work.

While pleural plaques do not cause symptoms, they signal the presence of asbestos fibres that could trigger life-threatening conditions such as mesothelioma or asbestosis.

In October 2009, the Damages (Asbestos Related Conditions) Bill which aimed to allow people in England also to claim compensation for pleural plaques was passed by the House of Commons and sent up to the House of Lords. However, the Bill ran out of time during the parliamentary session – leaving thousands of claimants in limbo.

“We need consistency across Britain,” said Brigitte Chandler. “It is wholly wrong that someone living in Glasgow can receive compensation when someone else, living only miles away cannot.

“For many years people in England with pleural plaques, caused by exposure to asbestos, did receive compensation,” says Brigitte Chandler. “The decision by the House of Lords to over-turn this was an enormous blow.”

“We need to keep the pressure on the Government so that the issue does not go away. “We have a large number of clients with pleural plaques still hoping they can make a claim. Obviously, anyone with more serious asbestos related disease such as lung cancer, asbestosis or diffuse pleural thickening can bring a claim now.”

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

A Swindon man has reached a settlement with his former employers, Plessey, after being exposed to asbestos at its Cheney Manor Industrial Estate site.  William White, 72, of Pinehurst, Swindon settled the claim at £70,000.

His solicitor, Brigitte Chandler, a partner at Swindon law firm, Charles Lucas & Marshall and one of the country’s leading industrial disease lawyers, says she believes other former employees may also have been affected by asbestos at Cheney Manor.

“Mr White was continuously exposed to asbestos after joining Plessey in 1972,” she said. “The company had buildings made of asbestos sheets and the sides and roofs of all four buildings contained asbestos.

“The fork-lift truck drivers regularly used to hit the walls of the building and Mr White had to repair them. This meant he had to saw the asbestos sheets and drill into them. The company also had large boilers lagged with asbestos where Mr White had to work and eat his lunch.

“At one stage, arrangements were made to strip the asbestos off the boilers but staff were left to walk around the boiler house for three months while lagging was removed and replaced.”

Other claims have already been brought against Plessey and Brigitte Chandler says that anyone concerned about their health should seek medical advice and then consult an experienced industrial disease lawyer if asbestos disease is diagnosed.

“As with all asbestos cases, there is a risk this can develop into cancer,” added Brigitte Chandler. “Mr White is currently suffering from breathlessness and disablement and is aware his health may deteriorate further.

“Other people will have been exposed to asbestos on the site. Plessey had many steam pipes running around the factory all lagged with asbestos and which were regularly worked on in the open by laggers.

“Asbestos disease can take up to 60 years to develop and we are seeing a considerable increase in claims because so many buildings in the 50s, 60s and 70s contained this deathly material.”

Please contact Brigitte Chandler on 01793 511055 or brigitte.chandler@clmlaw.co.uk

A Swindon solicitor who specialises in asbestos-related litigation, has hailed a decision by the UK Supreme Court (9 March) as one which will pave the way for people exposed to low levels of asbestos to claim compensation.

Brigitte Chandler, a lawyer at Swindon firm, Charles Lucas & Marshall and one of the UK’s leading specialists in asbestos related disease, says she is ‘delighted’ with today’s ruling.

“It is only right the law supports victims of one of the worst types of industrial disease,” she said.

The Supreme Court ruled in favour of the families of Dianne Willmore and Enid Costello, who both died from mesothelioma – an asbestos related form of cancer – who were exposed to low levels of asbestos.

Mrs Willmore, from north Wales, died in October 2009 aged 49, the day after a judge said she was entitled to £240,000 compensation. The award, made against Knowsley Council, Merseyside for negligently exposing her to asbestos fibres, was frozen while appeals took place.

The mother-of-two contracted the cancer after apparently being exposed to asbestos dust while a pupil at Bowring School in Huyton, Merseyside in the 1970s.

Mrs Costello also contracted mesothelioma and died in January 2006, aged 74. Her daughter Karen Sienkiewicz initially lost a county court claim for compensation made on behalf of her late mother’s estate but won in the appeal court.

Mrs Costello was said to have breathed in dust containing asbestos when she was a secretary at a packaging factory in Ellesmere Port. The compensation claim was against her former employer Greif (UK) Ltd.

The Court of Appeal ruled compensation should be paid in both cases, but the defendants, Knowsley Council and Greif UK fought the rulings in the Supreme Court.

The seven Supreme Court judges have now unanimously dismissed their appeals.

Knowsley and Greif had argued they could only be held liable if it could be proved they were responsible for causing exposure to asbestos that had at least ‘doubled the risk’ of mesothelioma.

The Supreme Court rejected the argument and ruled there was no requirement for a claimant to show a doubling of risk.

“The insurers have pursued a vicious campaign against asbestos victims in the last 10 years,” said Brigitte Chandler.

“I am delighted they have failed in this case and this should open the doors for more people who have fallen victim to asbestos disease to come forward and claim what is legally theirs.”

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