Charles’ tragic passing after a diagnosis of mesothelioma left his wife, Frances*, contemplating the next steps. Charles* had provided his account of how he was exposed to asbestos, but was unable to sign his witness statement prior to his death. With an unsigned statement to hand, and limited witness evidence available, Martin and his team were left to decipher the defendant’s mountain of disclosure documents to find a viable path to compensation for Charles’ untimely passing. Circumstances of asbestos exposure After leaving school in 1969 Charles tried teaching, nursing and gardening before obtaining employment as a verger for the Chichester Cathedral (“the Cathedral”). He was employed by the Cathedral and made himself comfortable in a small office located in the Cathedral between approximately 1979 and 2011. The responsibilities of a verger at the Cathedral were very varied. Together with welcoming the congregation and assisting in preparing the church for services, Charles was in change of the order and upkeep of the Cathedral. His office at the Cathedral was small and had an old-style boiler in it. The boiler and its pipes were lagged with asbestos. The boiler’s unreliable nature would often strike at the worst times, breaking down during the winter months when its operation was vital. Charles frequently arranged people to come out and service the boiler and would need to be present during the repairs because of the valuable silver the Cathedral stored in the office. Charles recalled the boiler being troublesome until the early to mid-1990s when the boiler was eventually put out to pasture. During the repair and service process, parts of the asbestos lagging were often removed to access the boiler’s gaskets or valves. Charles recalled the workers knocking off the lagging with a hammer or simply breaking the white casting off with their hands. This process made the small office cloudy and full of dust. Charles’ close proximity to the workers made it virtually impossible to escape the airborne clouds of dust in the office. Onset of symptoms & diagnosis A sudden onset of back pain, fatigue and weight loss in February 2023 was cause for concern for Charles and Frances. Ongoing symptoms and physical deterioration resulted in Charles being referred to St Richard’s Hospital where he underwent a CT scan, x – ray and biopsy. By April, Charles and Frances were advised that Charles likely had mesothelioma, with confirmation of his diagnosis being received in May 2023. Unfortunately, the relentless and aggressive asbestos related cancer continued to attack and Charles’ condition rapidly declined, resulting in his passing in early August 2023. The claims process Frances contacted the team at Boyes Turner prior to the inquest into Charles’ death. Upon reviewing the documentation shared from Charles’ previous representation, Martin began formulating a strategy to commence and progress a claim for damages for Frances. A letter of claim detailing Charles’ exposure to asbestos during his employment was sent to the Cathedral’s insurers in late October 2023. Although not holding the finalised death certificate, Martin began pressing the insurer for an admission of liability in circumstances where the coroner in charge of the inquest had held that, on the balance of probabilities, Charles was exposed to asbestos at the Cathedral and returned a verdict of industrial disease. While awaiting a formal liability decision, Martin sought evidence to accurately quantify the claim arising from Charles’ death. In September 2024 Martin received a denial of liability from the insurer and a small mountain’s worth of disclosure. While some might have fretted at the sight of the disclosure Martin did not. He diligently reviewed the documents and located evidence of the presence of asbestos at the Cathedral, namely of pipe insulation that had been identified as containing asbestos some years prior. Although liability was never formally admitted, Martin’s effort resulted in the insurers commencing negotiations and ultimately settling Frances’ claim without the need to instigate court proceedings. Client’s Words of Gratitude Frances said: “I wish to thank you for all your hard work and your advice during these very painful and challenging times in my life. Your professional, kind and supportive approach in dealing with the claim have been so very valuable to me. I always felt that you were available and prepared to help me beyond your professional and legal role”. *Names have been anonymised 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 asbestos@boyesturner.com or by telephone on 0118 952 7199.
