Boyes Turner was instructed on behalf of Mr O in respect of a claim for compensation arising out of the death of his father who died away as a result of mesothelioma.
The deceased was employed initially by Gee Walker & Slater Limited, and then by Sir Robert McAlpine Limited as a builder/foreman joiner. He was exposed to asbestos in cutting asbestos boards to size, and then drilling them into place. The cutting and drilling of the asbestos sheets gave rise to the release of asbestos dust and fibres.
Initially, the defendant employer’s liability insurers refused to pay compensation to Mr O. They argued that it was the insurers that were on risk 5-10 years prior to the deceased’s symptoms becomming apparent which should be liable.
Four relevant test cases involving what is known as the ‘trigger litigation’, were making slow progress through the judicial system and Mr O’s case was put on hold following the issue of Court proceedings.
The amount of compensation that Mr O would receive if the ‘trigger litigation’ went in favour of the claimant’s was agreed in the gross sum of £75,000. Following the recent judgment of the Supreme Court in favour of the claimants, Mr O’s claim has now been concluded.