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Written on 5th April 2023 by Laura Magson

Laura acted for David, a former carpet fitter who was diagnosed with mesothelioma in early 2022.  During the course of his employment, David fitted carpets and vinyl flooring.  Before fitting, he regularly removed existing floorings and he came across Marley asbestos containing tiles and Armstrong vinyl sheets which also contained asbestos.  He used a scraper to prise them from the floor and they often broke as he prised them and sometimes they were already broken.  He then discarded the Marley tiles into a bucket and swept up the area with a broom tipping the asbestos debris and dust into a bucket.  He was also required to fit asbestos containing Marley tiles, cutting the same with a Stanley knife. 

David was supported by a charity called HASAG who visited him at his home to help him complete benefits forms which resulted in David receiving industrial injuries disablement benefit, attendance allowance and a lump sum from the Government.  He also gained support from HASAG from regular attendance at monthly coffee mornings.  David says “I am so grateful for the support and advice from HASAG since my diagnosis”.  For more information about HASAG, please click here.

Laura notified the claim to two companies, both of which had complicated corporate histories.  She was able to ascertain from detailed searches that both were dissolved companies (although related companies were still in existence) and she was able to trace the employers’ liability insurers.  Typically Defendant companies need to be restored to the Companies Register in order to issue proceedings against them even though the reality is that there is no live company in existence with assets and it is the insurers that will meet any claim for compensation.  However, in David’s case Laura issued directly against the insurers, Aviva following the Third Parties (Rights against Insurers) Act 2010.  Proceedings were issued in June which brought about an admission of liability from both Defendants in September and the Defendants made an interim payment of £50,000.  Care experts were instructed on both.  The case was complicated on quantum.  Care experts were instructed for both parties because it was clear that David would prefer a combination of familial and professional care in the future as his situation deteriorated.  David was already unable to do many jobs around the house, DIY and gardening and his situation will of course deteriorate.  The care report for David also dealt with the loss of services to David because of the mesothelioma.  The Defendants disputed this head of loss in its entirety.

The Court timetable was very tight and the case was proceeding towards an assessment of damages (where a Judge decides the level of damages in the case).  Offers were not made by the Defendants until 10 days before the assessment of damages.  Initially, the Defendants offered £280,000 gross, but did not agree to pay any future treatment costs that were not funded by the NHS (despite agreeing to this in one of their court documents).  This was the most important point to David given he had already had immunotherapy treatment and so any second line treatment may well have needed to be funded privately.  The Defendants agreed to fund future treatment, but maintained the offer at £280,000.  A few days later, they increased the offer to £300,000, which on Laura’s advice, David rejected.  The Defendants then tried to increase to £315,000 and eventually came up to £325,000 gross which David was happy to accept.

David and his family said “Laura Magson on our first meeting completely reassured us with her professional yet personable and friendly manner.  Laura and her team at Boyes Turner were always 100% responsive and at no point were we ever made to feel like we were wasting her time with our endless questions!  Laura successfully settled our claim with an outstanding result which enables us to move forward on this journey knowing we have financial security.  For anyone needing legal representation in this field we would without hesitation recommend Laura Magson and her team.”

For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact the team by email on or by telephone on 0118 952 7199.