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Boyes Turner LLP were instructed by the family of Mr S following his diagnosis of asbestosis. Sadly Mr S passed away before his claim was concluded so the claim was continued by his family.  

Mr S’ employment history

Mr S was employed as an electrician for Fisons Horticultural Fertlisers Limited and Mars Food UK Limited (“the defendants”) carrying out maintenance and repairs to machinery within their premises. 

Within Mr S’ workplace were a number of pipes lagged in asbestos which were regularly damaged and then re-lagged with asbestos lagging powder. On other occasions asbestos was stripped from the pipes for maintenance purposes and then the pipes were re-lagged. These activities exposed Mr S to copious amounts of asbestos dust which he could not avoid inhaling as he was not provided with any personal protective equipment.

Boyes Turner’s investigation of the claim

The defendants refused to accept liability for Mr S asbestos related disease and also claimed he was suffering from idiopathic pulmonary fibrosis as opposed to asbestosis. 

As the claim was disputed proceedings were issued in the Royal Courts of Justice, Queens Bench Division on behalf of Mr S. Following the issue of proceedings Mr S passed away and the claim was continued on behalf of his Estate.

Proceedings

On the defendants insistence the court ordered that a specialist histopathologist comment on Mr S’ lung tissue biopsy samples to see if there was sufficient evidence to support a case of asbestosis over idiopathic pulmonary fibrosis. The histopathologists report was inconclusive, though lent in favour of a case of asbestosis due to Mr S’ occupational asbestos exposure history. 

The defendants then had the opportunity to put questions to an expert engineer on the question of Mr S’ asbestos exposure levels but failed to do so.

Less than one month before trial the defendants made an offer to Mr S’ family to settle his claim.

Boyes Turner’s specialist asbestos disease lawyers

Boyes Turner are one of the largest legal services providers in the Thames Valley and operate one of the largest specialist industrial disease teams in the country.

Boyes Turner pride themselves on being able to take on the cases that other lawyers deem to have a lack of prospects and in being able to succeed where others have failed. The success in cases like Mr D’s conforms with Boyes Turners' ethos of obtaining justice for mesothelioma victims and ensuring asbestos victims and their families are properly compensated.