CLM Solicitors - News - Asbestos Claim Dropped After Solicitor Discovers Claimant Never Worked for Company

Asbestos Claim Dropped After Solicitor Discovers Claimant Never Worked for Company

Brigitte Chandler

One of the UK’s leading solicitors in asbestos claims has urged companies to rigorously investigate any claims brought against them following the dismissal of a case which showed the claimant had never worked for the roofing company concerned.

Brigitte Chandler, partner at solicitors, Charles Lucas & Marshall and a specialist in asbestos claims, was acting on behalf of Leofric Roofing Services when she found the statement made by the claimant was completely incorrect.

As a result, Leofric Roofing avoided having to pay potentially what would have been thousands of pounds in compensation to the claimant and can now seek costs against the claimant’s insurers.

Brigitte Chandler was instructed in 2006 to represent Federation of Master Builders’ member, Leofric Roofing Services after they received a claim from a firm of solicitors in Manchester on behalf of a man who had worked for them during the 1960s and 1970s doing roofing work at Rolls Royce.

He alleged he had been exposed to extensive asbestos without protection and, as a consequence, was suffering from an industrial disease called diffuse pleural thickening. He was seeking substantial damages from Leofric Roofing.

Leofric Roofing instructed Miss Chandler to investigate the claim. She obtained Inland Revenue records which clearly confirmed the man had never worked for the company at all and that the statement made by the claimant was completely incorrect. As a result, the claimant’s solicitors, after pressure from Miss Chandler, finally agreed to withdraw the claim.

“There are likely to be many more claims made against members of the Federation of Master Builders in the years to come,” says Brigitte Chandler. “Many may be valid, but this example shows that all these claims should be very carefully and methodically investigated.

“Records of employment should be retained for at least 40 to 50 years. A history of insurance should be put together to cover those claims.”

Asbestos was widely used in the building and roofing industry in the 1960s and 1970s and asbestos disease takes between 20 to 60 years to develop. This is why so many claims are now coming forward.

“It is a highly specialised area of work,” says Brigitte Chandler. “Any company faced with such a claim should seek assistance from a specialist industrial disease lawyer. It is important that before solicitors are instructed in this type of work, they should be asked how many cases they have done over the years and how many have been taken to trial to ascertain their experience.

“It is known that many firms have been very handicapped when faced with these claims because of lack of records kept, going back to the 1950s and 1960s, which makes it very difficult to disprove the claims.”

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

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