Fieldfisher ranked top for asbestos claims

Asbestos News
January 2016
Caring for our clients Commitment to our cases Cutting edge expertise
Founding Sponsors of
Fieldfisher
top ranked
nationally
for mesothelioma
& asbestos
claims
“
“
“
“
Fieldfisher has “outstanding depth of
expertise” having handled numerous
high-value asbestos, mesothelioma, lung
cancer and fatal claims.
“‘Fieldfisher’s practice retains its standing as one of
the strongest in the market.’
“
‘Undisputed expertise in industrial
disease work, with particular strength in
mesothelioma and asbestos-related work’
“
“
“Legal 500, 2015
Chambers & Partners, 2015
“
2014
They’re an absolute Rolls-Royce practice
when it comes to industrial disease,
particularly in asbestos work - they’re top-tier
“ “
Legal 500, 2014

www.fieldfisher.com/personalinjury | Freephone 0800 358 3848
Contents
1 Diffuse mesothelioma payment
scheme payment update
2 Parliamentary Group calls for
eradication of all asbestos in Britain
4 Negligence and Damages Bill ensures
families left behind are compensated
5 House of Lords debate levy on
insurance companies to fund research
6 Claim against George Wimpey for
keen cyclist
7 Previous client statements help claims
against SWEB
7 Claim against Atomic Energy Authority
for Sellafield employee
8 Glass Bender secures DMPS award
after insurer denies fault

9 Scaffolder wins case after dispute over
diagnosis
10 Wharfer’s family compensated for
exposure whilst unloading barges
11 Fieldfisher witness and insurer
database insure compensation
12 Ford Motor Company compensate for
brake lining exposure
13 NHS admit faulty pipework at hospital
in Hackney caused mesothelioma
14 Laboratory technician exposed to
asbestos in fume cupboards
16 Compensation for veterans with
asbestos cancer
17 Compensation for family of
Ex-Power Station worker for asbestosis
and mesothelioma
18 Father-of-two dies of mesothelioma
from IRA bomb fallout
19 Compensation following exposure in
Timber Mill
20 Compensation for Fieldfisher witness
who goes on to develop mesothelioma
Mesothelioma UK
www.mesothelioma.uk.com
0800 169 2409
Department for Work and Pensions
www.dwp.gov.uk
British Lung Foundation
www.lunguk.org
0300 003 0555
Useful organisations
Macmillan Cancer Support
www.macmillan.org.uk
0808 808 0000
Cancer Research UK
www.cancerhelp.org.uk
0808 800 4040
Peter Williams
Partner
t: 020 7861 4825
Ranked No 1 For
Industrial Disease
Litigation
Chambers Partners
At Fieldfisher we understand what
a difficult time patients and their
families may be going through when
there is a diagnosis of an asbestos
related disease.
Our clients have the right to
compensation for a terrible illness
which they have contracted through
no fault of their own, but through the
negligence of their employers and
others.
We have recovered over £220 million
for our clients and concluded over
2,500 successful cases. Our lawyers
are renowned for their expertise,
their commitment and the care they
take in such sensitive situations. The
three partners here each have over
20 years experience in acting almost
exclusively for clients suffering from
mesothelioma and other asbestos
diseases.
We have been instrumental in
changing the law for the benefit of
victims both at Government level
and through cases in the House
of Lords. Cases conducted by our
partners have resulted in changes
to the law to allow hospices to
recover the cost of looking after
mesothelioma patients from those
who we sue on their behalf.
We deal with cases very quickly,
with minimal fuss and disruption,
allowing clients to focus on enjoying
time with their families.
If you would like to discuss a
mesothelioma or asbestos claim, or
you would like more information
about the legal claims process, please
call me on 020 7861 4825 or
email peter.williams@fieldfisher.com
Peter Williams
Head of Asbestos Claims Team
Welcome to the latest 2016 edition of
Asbestos News

Caring for our clients | Commitment to our cases | Cutting edge expertise 1
Diffuse mesothelioma payment scheme, payment update
The diffuse mesothelioma payment scheme
(DMPS) has been making substantial
payments to some mesothelioma suffers
since July 2014. Most people suffering
from mesothelioma were exposed to
asbestos at work and have been able to
pursue claims against employers, though
not always successfully. In many cases,
these employers have ceased trading by the
time the mesothelioma appears, so that the
sufferer has no employer to sue. In some
cases employers liability insurance details
cannot be located as insurance records
are patchy and incomplete and in some
cases insurance was simply not taken
out.
In some circumstances, a payment
will be made by the DMPS where the
Applicant can prove that he or she was
exposed to asbestos in employment as a
result of his or her employer's
negligence,
and demonstrates that he or she has
taken steps to find his or her employer's
insurer but without success.
Age of the person
with diffuse
mesothelioma
Scheme
Payment
40 and under £271,120
41 £267,439
42 £263,758
43 £260,078
44 £256,396
45 £252,715
46 £249,034
47 £245,353
48 £241,671
49 £237,990
50 £234,309
51 £230,628
52 £226,946
53 £223,265
54 £219,584
55 £215,903
56 £212,221
57 £208,540
Age of the person
with diffuse
mesothelioma
Scheme
Payment
58 £204,859
59 £201,179
60 £197,498
61 £193,816
62 £190,135
63 £186,454
64 £182,773
65 £179,091
66 £175,410
67 £171,729
68 £168,048
69 £164,366
70 £160,685
71 £157,004
72 £153,323
73 £149,641
75 £142,279
76 £138,599
Age of the person
with diffuse
mesothelioma
Scheme
Payment
77 £134,918
78 £131,236
79 £127,555
80 £123,874
81 £120,193
82 £116,511
83 £112,830
84 £109,149
85 £105,468
86 £101,786
87 £98,105
88 £94,424
89 £90,743
90 and over £87,061
* Payments for mesothelioma patients
diagnosed after 10 February 2015.
Please contact one of our solicitors for
further details regarding the payments
made and the criteria or, alternatively,
please see our DMPS Guide for Clients.

A report published on 16th
October 2015 by the
All-Party Parliamentary
Group on Occupational
Safety and Health has called
for urgent action to eradicate
asbestos that remains in
Britain’s workplaces and public buildings.
This year according to official figures 5,000
people in Britain are likely to die prematurely
as a result of asbestos exposure. This is
around three times the number of road
accident deaths.
Everyone who is dying now from asbestos
exposure was exposed decades ago.
Exposure to asbestos was common amongst
occupations such as carpenters, plumbers
and electricians but also occurred amongst
workers with no history of work in the
construction related sector who are likely
to be affected through exposure in the
workplace. This includes shop workers,
healthcare workers, telephone engineers,
finance workers and increasingly those
exposed to asbestos in public buildings
such as teachers and healthcare workers.
Asbestos is present in around 75% of
schools. There is no safe threshold of
exposure to asbestos fibre. This means that
the inhalation of small quantities even over
a short period can lead to mesothelioma
decades after exposure. We at Fieldfisher
act for many victims who have only been
exposed to tiny amounts of asbestos dust,
decades past.
The death rate is not due to decline until
2020. However asbestos is still with us and
is as still as dangerous as ever. Asbestos
containing materials can be found in around
half a million non-domestic properties. It
is present in a range of different forms
including lagging, on pipes and boilers;
sprayed asbestos on pipes in voids; asbestos
cement in the form of roofing, wall cladding,
guttering, pipes, water tanks and corrugated
sheets; insulating boards; tiling; textured wall
coatings; and asbestos rope and cloth. Often
it is either hidden or had not been identified.
This means that people are still being
exposed and at risk to being exposed to
asbestos. It is often people who are working
in maintenance refurbishment or demolition
where people can and are exposed as fibres
can become dislodged and breathed in.
From 2004 there has been a specific duty
on employers to manage existing asbestos
in buildings and in 2006 all the existing
Regulations were pulled together in one
single Regulation that states:
• If asbestos containing materials are in
good condition and are not likely to be
damaged they can be left in place and
their condition monitored to ensure
they are not disturbed.
• Those responsible for the maintenance
of non-domestic premises have a duty
to manage the asbestos in them.
• To protect anyone using or working
in the premises and before doing any
building or maintenance work that
might contain asbestos it needs to
be identified, the risks assessed and
managed and controlled.
• Removal needs to be done by a licensed
contractor and training is required for
anyone likely to be exposed to asbestos
at work.
Despite this, asbestos is still in place in
buildings places a major hazard to both
workers and the wider public. It is the view
of the All-Party Parliamentary Group that
retaining a policy of managing asbestos in
place is no longer appropriate and must be
changed. It is extremely unlikely, in their
opinion, that asbestos is never going to be
disturbed if it is left in place for decades. We
know that all premises are not surveyed. A
2010 survey of 600 schools showed that only
28% of respondents said the presence of
asbestos containing materials were clearly
marked. In addition there is a clear lack of
awareness amongst those most at risk. In
2014, when asked by the HSE, only 30% of
500 trades people who were asked were
able to identify all the correct measures for
working safely with asbestos.
According to the Group the only way we
will eradicate mesothelioma in Britain is by
removing asbestos. Other countries are
already developing eradication plans. In
2013 Australia set up an Asbestos Safety
and Eradication Agency with the specific
goal of removing asbestos from public and
commercial buildings and Poland has also
Parliamentary Group calls for
eradication of all asbestos in Britain

Fieldfisher as members of the Asbestos
Subcommittee of the Group fully support
the initiative. Peter Williams, Head of the
Asbestos Claims at Fieldfisher says:
“Only by eradicating asbestos in
buildings can future generations
be safe from the terrible effects
of asbestos disease.”
made a commitment to remove all asbestos
by 2032. The European Parliament has
called for the removal of asbestos for all
European public buildings by 2028.
The Group believes we need a new law
on asbestos and a clear timetable for its
eradication in Britain. It recommends such a
law should include provisions that:
• All commercial public and rented and
domestic premises have to conduct
and register with the HSE a survey by
a registered consultant which indicates
whether asbestos material is present
and in what condition.
• Where asbestos is identified in any
premises or refurbishment repair or
remedial work done in the vicinity of
the asbestos containing material it
should include the removal of asbestos.
Where no such works takes place or is
planned within the foreseeable future
the duty holder must develop and
implement a plan for the removal of all
asbestos which ensures that removal
is completed as soon as reasonably
practicable but certainly no later than
2035. In the case of public buildings
and educational establishments such as
schools this should be done by 2028.
• The HSE, Local Authorities and other
enforcing agencies must develop a
program of workplace inspections
to verify that all asbestos containing
material identified is properly marked
and managed and that asbestos
eradication plans are in place.
Resources should be made available to
the enforcing agencies to ensure that
all workplaces and public places are
complying with the Regulation relating
to management and removal and that
disposal is being done responsibly and
safely.
• Before any house sale is completed a
survey should be done which includes a
survey of the presence of asbestos. Any
asbestos containing materials should be
labelled. Information on the presence
of asbestos should be given to any
contractor working on the house.
Ian Lavery, Chair of the All-Party Group says:
“There is far too much
complacency about the asbestos
which we can still find in
hundreds of thousands of work
places as well as a majority of
schools where children face
exposure to this killer dust.
We believe that the Government
needs to start now in developing
a program to ensure that
asbestos is safely removed from
every workplace and public
place so that we can end once
and for all this dreadful legacy
which has killed so many people
and will continue to kill until
asbestos is eradicated.”

A private members Bill
has been introduced in
Parliament with the purpose
of reforming the laws
relating to bereavement
damages following a death
and relating to damages for
psychiatric injuries.
The Bill has been introduced by Andy
McDonald who is the MP for Middlesbrough,
and will extend the list of prescribed
relationships for people to claim under this
header to include civil partners and children
over the age of 18.
Psychiatric Injury to Secondary
Victims
The Bill extends the common law approach
to psychiatric injury suffered by so called
secondary victims. The court will not
normally award compensation unless
the primary incident is shocking and the
secondary victim is a close relative of the
primary victim (such as a parent or a spouse)
and was close in space and time to the
accident that caused the injury.
This has been the law since the Hillsborough
disaster when the courts limited the
circumstances in which damages for
psychiatric injury are awarded (Alcock v
Chief Constable of South Yorkshire [1992])
The Proximity Test
There is uncertainty as to how close a
secondary victim must be to the accident. In
McLoughlin v O’Brien, Mrs McLoughlin was
telephoned to say her husband and children
were on their way to hospital following an
accident. She rushed to the hospital and
arrived to see her children and husband
arriving, covered in blood and obviously very
seriously injured. She sustained psychiatric
injury as a result. The courts awarded
compensation for the proven psychiatric
injuries even though she was not at or near
the scene of the accident itself..
Reform
The new Bill proposes that anyone can
make a claim for psychiatric injury if it is
reasonably foreseeable that they might suffer
such an injury as a result of the “close tie of
love and affection” that existed between the
primary victim and the secondary victim.
Negligence and Damages Bill
ensures families left behind are compensated
Psychiatric Injury in Mesothelioma
Cases
This Bill is a particularly welcome
development in the context of mesothelioma
and other asbestos disease claims.
At present it is fairly clear that the widow
of someone who dies from mesothelioma
is not entitled to compensation for any
psychiatric injury, simply because there was
no single “shocking event”. That is unfair
when the same woman whose husband is
killed in a work accident may be entitled to
compensation for psychiatric injuries. We
see in our mesothelioma practice many
occasions where the wife gives up work to
look after her terminally ill husband and
develops clinical depression which prevents
her from returning to work for what can be
an extended period. In future she may be
able to claim compensation.
Lost Years Claims
The Bill also proposes changes to the way
compensation is award in cases involving
terminal illnesses like mesothelioma. The
Bill proposes that losses in the “lost years”
claimants should “give credit” for 25% of
their net income to take account of basic
living expenses. This compares with
the current “rule of thumb” which is to
deduct 50%. Where a claim is brought by a
dependent widow under the Fatal Accidents
Act 1976 the usual deduction is somewhere
between 25% and 33%, depending mainly on
whether there are any dependent children.
This proposal therefore aligns the value of
a “living” claim more closely with the value
of a “fatal” claim. This reduces the iniquity
of a dying client having to choose between
settling in life or wanting a higher award for
the family they leave behind.
Eligible Dependents
The Bill also proposes to extend the range
of persons who can claim compensation
following the death of a loved one to include
a wider range of dependant relatives. The
Bill also allows such persons to claim
compensation for stress and anxiety suffered
in anticipation of the death and for grief and
sorrow arising after the death.
Actuarial Principles
Lastly the Bill addresses a technical point
that actuarial calculations should be
undertaken as at the date of trial rather than
as at the date of death. This follows the
recommendations of the Ogden Working
Party and the Law Commission in their
Report 263 (Claims for Wrongful Death),
and follows the “actuarial” approach
that applies in Scotland. It overturns the
somewhat discredited decision of the Court
of Appeal in Cookson v Knowles [1979] A.C.
556 which has been criticised in a number
of subsequent cases (such as White v Esab
[2002] PIQR Q6, H v S [2002] EWCA Civ
792, Fletcher v A Train [2008] EWCA Civ
413.) This has the effect of protecting claims
from inflationary erosion when much time
elapses between the date of death and the
date of the trial.
Andy McDonald MP

He went on to say that
“This is not simply a disease
of the past and this is a point
underlined by the National
Union of Teachers, which states
that asbestos remains present
in about 86% of schools,
leading to an estimated 200 to
300 adult deaths a year. Expert
advice given to the House of
Commons Select Committee
on Education estimates that up
to 300 former pupils a year die
of the disease following contact
with asbestos in schools.”
In January 2015 it was announced that
Aviva and Zurich would donate £1
million over two years to the British
Lung Foundation’s mesothelioma
research programme, but speaking in
the debate, Baroness Finlay of Llandaff
said this was on a voluntary basis.
On Friday 20th
November, the House
of Lords passed a
Second Reading of
the Mesothelioma
(Amendment) Bill moved
by Lord Alton of Liverpool.
The Mesothelioma Act 2014 provides
a fund of last resort to compensate
mesothelioma sufferers who were
exposed to asbestos at work but
cannot claim compensation because
the employers no longer exist and
their insurers cannot be traced. This
is funded by a levy on insurance
companies.
A Bill debated in the House of Lords
proposes an additional levy on about
150 insurance companies active in the
employers’ liability insurance market to
fund medical research into treatment
for mesothelioma. At the moment there
is no cure.
Lord Alton said that
“Society owes a great debt to
those who went to work, often
in hard and heavy industries,
and built the economy of this
country only to suffer terrible
consequences.”
Lord Winston said that it is:
“Important to emphasise that
we are doing research in this
country. Whether we are doing
enough remains for other
people to decide. However, it is
important to recognise that these
cancers are very resistant to all
sorts of treatment, which is one
of the reasons why they are so
emotionally as well as physically
painful.”
House of Lords debate levy on
insurance companies to fund research
Special mesothelioma
funding is moving closer to
becoming a reality

Claim against George Wimpey for keen cyclist
“ “
Our mesothelioma and asbestos team
act on a ‘no win, no fee’ basis. We do not
expect you to travel to our offices - we are
happy to visit you at home
How we can help
We often rely on our own extensive
insurance database to identify details
of insurers of dissolved companies
and we‘re often approached by other
lawyers who are trying to trace
insurer’s information.
Tony Walder had worked
as a carpenter since he
was 15. He worked for
Kier Limited at Kingsnorth
Power Station in the 1960s.
During this time laggers
were mixing up asbestos powder to make
the insulation plaster that they applied to
large areas of pipes and other parts of the
power station. The asbestos from their
work hung around in the air exposing
Tony and others to asbestos. He later
worked for George Wimpey Limited on
the Stanhope Housing estate in Ashford,
Kent where he cut asbestos for the
soffits of the houses and was exposed to
asbestos from that. He was never given
any form of protective equipment or
warnings about the dangers of asbestos
dust.
He noticed problems with his breathing
in December 2012 and was referred to
the Medway Maritime Hospital where
they drained a large amount of fluid
from his lung. He was diagnosed with
mesothelioma in April 2013. He had
chemotherapy but sadly deteriorated,
losing weight and suffering considerable
pain. He was unable to play with his
grandchildren which upset him. His sister
looked after him at home until he passed
away in March 2014.
Prior to his illness he was an extremely
fit and active man who would frequently
take part in sponsored half marathons
and cycle on behalf of charities such as
the NSPCC. He was also a keen diver and
boater and had built his own boat. He
was a staunch supporter in campaigns to
end animal cruelty. He had also helped
his sister to run a boarding cattery and
animal sanctuary on the Isle of Sheppey.
The former employers denied liability
and it was not possible to complete
the claim during Tony’s lifetime. Court
proceedings were issued and the claim
was carried on by his sister. It was
successfully settled the day before the
court hearing date.
Tony Walder

With the benefit of the witness evidence
we were able to obtain from our previous
clients, we were able to establish the
types of duties that the late Mr T would
have carried out as an electrician with
SWEB. We were also able to adduce
evidence of the ways in which he could
possibly have been exposed to asbestos
at that time. With the benefit of the
statements and supportive medical
evidence (after having obtained the
medical records from Spain) Dushal was
able to secure a settlement for Mrs T in
the sum of £100,000. This was despite
the absence of evidence from Mr T
himself and not being able to locate any
witnesses who actually worked
with Mr T.
for most of his life. She was aware that
he had worked for a period of time for the
South West Electricity Board (“SWEB”)
but she had no further details.
Dushal was aware that previous claims
had been made by Fieldfisher for
electricians who had been exposed whilst
working for SWEB. Despite providing
SWEB with Mr T’s date of birth and
national insurance number, they were
unable to locate any employment records
for him. We applied for a Court Order to
allow HMRC to release the late Mr T’s
employment history and also went about
contacting historic witnesses and clients
who had worked for SWEB to obtain their
authority to use their witness statements
in support of Mrs T’s claim.
At the end of the case Mrs T went on to say:
“I would like to thank you and/or your staff for all the hard work to secure a successful case.”
Mr Hewitt commented:
“Caroline has worked hard
and proved to be a sincere
and professional lawyer, with
a satisfactory result with my
claim. Thank you so very much
indeed.”
Dushal Mehta was
instructed by Mrs T to
bring a claim following
her husband’s death due
to mesothelioma. Mr T
had been diagnosed with
mesothelioma whilst living in Spain. He
was not advised to make a claim and
sadly died on 17 July 2011. Mrs T had
to make arrangements for his body to
be brought back to the UK as she had
decided to move back to live closer to her
family in Cornwall.
Mrs T then instructed Dushal Mehta to
investigate a claim for compensation.
Mrs T had limited information as to her
husband’s working history other than to
advise that he worked as an electrician
Previous client statements
help claim against SWEB
Claim against Atomic Energy
Authority for Sellafield employee
Maurice Hewitt began
employment with the
United Kingdom Atomic
Energy Authority in
Sellafield in 1954 and was
exposed to asbestos when
carrying out maintenance
work there when he had to remove
asbestos lagging on pipes, usually to
repair valves or replace a section of
pipe. He worked in the areas where the
uranium was fed into tanks to be melted
down. The pipe work in this area was
covered with asbestos lagging because
of the high temperatures involved.
In September 1963 he transferred to the
Nuclear Reactor Site at Winfrith, Dorset.
He was also exposed to asbestos there
because many of the pipes were covered
with asbestos insulation, again because
of the high temperatures involved.
Mr Hewitt was diagnosed with
mesothelioma in March 2015. He was
90 years old when he was given this
diagnosis but had been very active until
the onset of symptoms in January of
that year. He had shared the housework
with his wife and had regularly walked
into town to do the shopping before
suffering from mesothelioma. His wife
suffers from osteoporosis and had relied
on him to do some of the more strenuous
household chores as well as shopping.
Mr Hewitt instructed Caroline Pinfold
to pursue a claim against the UKAEA
in April 2015 and she successfully
concluded this for him in September
2015.
Maurice Hewitt

Shaheen then submitted a fresh
application to the DMPS advising that the
insurer had denied liability. The DMPS
confirmed that Mr A’s new application
was successful and he received a
payment from the DMPS in June 2015.
Glass Bender secures
DMPS award after insurer denies fault
Mr A was diagnosed with
mesothelioma in January
2015. He contacted
Fieldfisher in early
February and Shaheen
represented Mr A. Mr
A was employed as a glass bender from
1950-1957 and 1959-1970 for a company
which made neon signs. This was his
only exposure to asbestos because he
had to use asbestos paper which came in
rolls.
The company was dissolved but we were
able to trace an insurer from February
1965 to February 1966. Shaheen
advised Mr A that if he pursued a legal
claim against his former employer, it
was unlikely to succeed because Mr
A’s exposure to asbestos would be
considered “low level” exposure and it
was not known until the end of 1965 that
injury could be caused to workers who
were exposed to low levels of asbestos
dust. In addition, the company was a
small family business and it was unlikely
that the company would have had the
requisite knowledge as early as February
1966, when the known insurance
coverage expired.
Shaheen therefore submitted an
application on behalf of Mr A to the
Diffuse Mesothelioma Payment Scheme
(DMPS) on the basis that even though
an employer’s liability insurer had been
traced, it was unlikely that during the
period of insurance (February 1965 to
February 1966) the company would have
had knowledge that exposure to low
levels of asbestos could cause injury. It
was Mr A’s case that if he had traced
employer’s liability insurance for a later
period then, on balance, his claim would
be successful.
The DMPS dismissed his claim on the
basis that employer’s liability insurance
had been traced and therefore the
application fell outside the Scheme.
Shaheen asked the DMPS to review their
decision and put forward arguments
about knowledge. Unfortunately, the
DMPS rejected the arguments.
Shaheen then reported the claim to
the insurer that had been traced and
was able to persuade them to provide a
timely response. The insurer’s solicitor
confirmed that the insurer would be
denying the claim on the basis that
the exposure was not negligent and
the company was not in breach of any
statutory duties. The company simply
could not have foreseen that exposure to
low levels of asbestos would be sufficient
to cause injury.
Mr A was very pleased with the outcome and commented
“Thank you again for all the work you have put in to make
this claim possible for me”.

Caroline Pinfold acted
for Mr Plumer who was
exposed to asbestos
working for two different
companies, SGB and
Palmers Scaffolding a
scaffolder in the 1970s and 1980s.
During the course of his employment with
these companies, he worked on several
projects including the demolition of an old
sorting office in Mount Pleasant and the
Ford Motor plant in Dagenham.
The main way in which Mr Plumer was
exposed to asbestos was during the
clearing up process after work by other
contractors had been completed. At Mount
pleasant asbestos sheets had been laid onto
the scaffolding for fire protection purposes
when demolition contractors had used
thermal lances. Asbestos lagging had also
been removed and dust lay on the boards
afterwards. In the Ford Motor plant there
was also asbestos dust on sheets covering
the boards of the scaffolding . There were
large quantities of asbestos dust in the air
when the scaffolding was being dismantled
and any dust covers were cleared away.
At no point during his employment was he
ever warned about the dangers of asbestos
or provided with any protective equipment.
Mr Plumer noticed that he was getting
progressively short of breath and had
Scaffolder wins case
after dispute over diagnosis
X-rays but nothing was detected at first.
He was admitted to hospital in March
2012 after he complained that he felt as if
he was drowning. He had six litres of fluid
drained from his lung. He was transferred
to another hospital where he had a drain
inserted in his chest and discharged. He
returned a week later when the drain
was removed. He lost about two stone in
weight. He had to return in July 2012 when
he was told that he had mesothelioma.
The employers denied liability.
Proceedings were issued and the
employers then agreed that they had
been negligent but denied that Mr Plumer
had been correctly diagnosed because
his medical condition was unusual. Dr R
M Rudd, an eminent medical expert on
mesothelioma had reported on behalf of
Mr Plumer. Professor Sheaff, a renowned
consultant histopathologist also reported
on the tumour samples. The defendants
obtained a report from Professor Gleeson,
a consultant radiologist who was of the
view that although the progression of
the mesothelioma was unusual there
were various reasons for supporting that
diagnosis.
The defendants then accepted full liability
and the proceedings settled about three
weeks before it was listed for hearing in the
High Court.
We often rely on our extensive
witness statement database to assist
in cases. These statements often
make all the difference
Many previous witnesses and
clients will agree to their statements
being used in further cases
How we can help
Did you know...
From 2004 there has been a
specific duty on employers to
manage existing asbestos in
buildings and in 2006 all the
existing Regulations were pulled
together in one single Regulation
that states:
If asbestos containing
materials are in good
condition and are not likely to
be damaged they can be left
in place and their condition
monitored to ensure they are
not disturbed.
Those responsible for the
maintenance of non-domestic
premises have a duty to
manage the asbestos in them.
To protect anyone using or
working in the premises and
before doing any building or
maintenance work that might
contain asbestos it needs to be
identified, the risks assessed
and managed and controlled.
Removal needs to be done
by a licensed contractor
and training is required for
anyone likely to be exposed to
asbestos at work.
Mr Plumer

After the case settled, Linda went
on to say:
“I am very grateful to
Andrew. He made a very
difficult and sad case very
easy for me to pursue after
Tony passed … Andrew kept
me very well informed by
letter or phone explaining
every detail so it was easy to
understand.
Andrew helped me in
every way he could. Tony
would be pleased the claim
has now been settled as it
ensures my daughter and
5 grandchildren’s financial
future.”
Tony’s wife, Linda,
took over the claim
and an increased figure
of £168,530 some four
months after Tony had
passed away.
The defendant agreed
to make a payment of
£2,271 to the hospice
where Tony received
care during his final
days.
The case was conducted
on a “No Win – No
Fee” basis so that
Wharfer’s family compensated for
exposure whilst unloading barges
neither Tony nor Linda had to make any
contribution to their legal costs.
Tony Ely worked for LEP
Transport, at Sunlight
Wharf on the banks of
the Thames in the City of
London, from about 1963 to
about 1980.
Throughout most of this period Tony’s job
was to oversee gangs who were unloading
barges from the river and storing the
contents in the warehouse and then loading
the goods on to lorries to be taken to their
final destinations. LEP Transport handled
a wide variety of materials and goods
including foodstuffs, leather goods and
construction materials. Tony remembered,
in particular, that when some repairs were
needed to St Paul’s Cathedral the blocks
of stonework were brought up to Sunlight
Wharf by barge and were unloaded there
before being taken up to the Cathedral
nearby for the repairs.
Tony remembered that at LEP Transport
they had to handle with hessian sacks.
These were packed into the barges in
layers. When the sacks were unloaded
from the barge they were placed on pallets
before the pallets were lifted by crane
and then delivered to the storage areas
in the warehouse. The sacks were then
taken by forklift truck and were moved
to wherever they were going to be stored.
In order to make more room and to pack
things efficiently and tightly it was often
necessary to take the sacks off the pallets
and then to stack them to make more room
for other goods.
Tony remembered that the sacks, like
all goods, were sometimes damaged
and broken open. As a result when
working with these sacks he worked in a
particularly dusty environment.
Before the sacks were despatched from the
warehouse they were generally loaded onto
pallets and the pallets were then placed on
flat back lorries. Sometimes sacks were
loaded directly on to flat back lorries. The
sacks would be covered with a tarpaulin
sheet and tied down before the lorry left.
The sacks contained asbestos. The
dust that they generated therefore also
contained asbestos.
It was Tony’s job, as chargehand, to
organise where all the goods were stacked
and stored and to organise how they
should be laid out ready for despatch.
This meant that he was in and around all
the goods, including the sacks, as they
were being loaded and unloaded and
despatched.
This system of work continued until Tony
left LEP Transport in 1980, although the
number of barges and the volume of goods
reduced from the middle of the 1970s
onwards as the industry felt the effects of
containerisation.
After 1980 Tony took a job in security,
mainly working in the City, until he retired.
Tony developed pains on the right hand
side of his chest in early 2013 so he went to
see his GP. He was eventually referred to
hospital where he was found to have fluid
on the lung. He was referred on to Guys
Hospital for further treatment where he
was given the diagnosis of mesothelioma.
Tony contacted Partner Andrew Morgan
for advice. Andrew was able to prove
that LEP Transport Limited still existed,
although it has changed its name, and he
made a claim. Sunlight Wharf was situated
only a few hundred yards from the offices
of Fieldfisher, also on the banks of the
Thames near London Bridge.
The Defendant’s insurers denied liability
throughout but after some delay they wrote
to accept Tony’s offer of settlement. Sadly
Tony had died from his condition just the
day before the Defendant’s accepted his
offer. As a result, the offer had lapsed.
Tony Ely

Mr Rundle went on to say:
“From the day Fieldfisher
were instructed to deal with
my late father’s claim I felt
I was in good hands. I had
every confidence in their
professional and courteous
manner and have always
been shown respect and
compassion during this
difficult time. I would
therefore like to take this
opportunity to express
my grateful thanks to both
Peter Williams and Shaheen
Mosquera in pursuing
the claim to a successful
conclusion and for ensuring
my mother will now have a
secure financial future.”

Fieldfisher witness and insurer
database ensure compensation
Mr William Rundle was
age 76 when he became
unwell and was referred
to hospital in April 2012
for tests. He underwent
a surgical procedure
and biopsies were taken
but unfortunately, the results were
negative but there was a suspicion of
mesothelioma. Sadly, Mr Rundle’s
condition deteriorated rapidly and he
passed away on 23 October 2012. A
Post-mortem examination revealed
that the cause of death was due to the
industrial disease of mesothelioma.
Prior to his illness, Mr Rundle was active
for his age and was very hands on with
DIY because he was an experienced
carpenter. Mr Rundle enjoyed attending
the local social club with his wife and
participated in dance classes and played
snooker.
Peter Williams was instructed to
investigate a claim on behalf of the
widow, Georgina Rundle after his death
which had been caused by mesothelioma.
When Mr Rundle’s son, Andrew
contacted Fieldfisher he wasn’t too sure
where his father had been exposed to
asbestos but was able to tell us that his
father had worked most of his life as a
carpenter in the exhibition industry.
This was a claim where the family were
unsure about the circumstances of Mr
Rundle’s exposure to asbestos and
we therefore requested Mr Rundle’s
employment history from HM Revenue
Customs (HMRC) which listed an
entry for The Mersey Insulation Co Ltd
in 1964/65. The name of the company
suggested that it was a thermal insulation
company and that the Deceased may
have worked as a lagger.
Peter Williams made contact with
solicitors in the Liverpool area to see
if they had acted on behalf of clients
who had worked for this company.
Fortunately, we were able to locate a
witness who had worked for the company
around about the same time and even
though he had not worked with the late
Mr Rundle, he was able to describe
that the company employed laggers to
work on refurbishment of ships at the
Mersey Docks. The laggers removed
old asbestos lagging from the pipes and
boilers and also applied new asbestos
lagging. The ships were full of asbestos
dust and fibres.
In addition, we were able to obtain a
statement from the late Mr Rundle’s
brother who said that his brother had
set up his own business sometime
in the mid-60s making reproduction
furniture but he recollected that his
brother had mentioned to the family
that he had worked for a period of time
in Liverpool working alongside laggers
who played with the asbestos and had
snowball fights. Mr Rundle was not able
to remember the name of the company
but it was clear from the witness who
had come forward and the HMRC
employment history that the description
tied in with the Mersey Insulation
Company.
We were able to trace the insurer and
the claim was reported and on 7 April
2015 the insurer admitted liability.
Solicitor, Shaheen Mosquera entered into
negotiation settlements and Mrs Rundle
accepted a six figure settlement offer
towards the end of September 2015.
Mr Mrs Rundle

Peter Mansfield was
employed as a tool maker
at the research site in
Dunton, Essex by the
Ford Motor Company
Limited from about
1969 until about 1989. He continued
work for the Ford Motor Company
Limited until he retired in 1998 but
did not believe that he was exposed
to asbestos after he transferred to
the Ford Radiator Plant in Basildon in
1989.
Whilst working at Dunton he was part
of a team carrying out research on
prototype vehicles which were tested
before they were put into production.
Almost every vehicle required
adjustments to the brakes and at least
once every couple of months he was
asked to make some adaptation to
the brake pads which, in those days,
contained asbestos.
Ford Motor Company
compensate for brake lining exposure
The brake pads varied in size
depending on the vehicle and the work
varied depending on what the engineer
was trying to achieve. Very often
he was asked to make the brake pad
thinner or cut it down. He did this on
a grinding wheel in the workshop. The
dust would fly up into the air when he
was doing this and he could not avoid
breathing in asbestos dust and fibres.
Sometimes he would be asked to cut
holes in the brake pads for which he
used a drilling machine. Another
adaptation was to put a slot through
the brake pad and he did this using a
grinding machine. It would usually
take around one hour to do these
modifications and he was exposed to
asbestos dust and fibres when carrying
out this work over the course of 20
years.
The company did not provide him
with a mask or any equipment to
protect him from the asbestos dust and
fibres. He was never warned about
the possible risk to his health from the
asbestos.
Mr Mansfield was diagnosed with
mesothelioma in July 2014. He
suffered greatly from the time of
the diagnosis and passed away in
September 2014.
The company initially denied liability
but Caroline Pinfold achieved a
successful outcome on behalf of
Mr Mansfield’s widow, Brenda, in
September 2015.
His daughter wrote
“I would like to thank you
for your help and kindness
dealing with this claim,
during this very difficult
period in my life. You have
been compassionate and
professional throughout,
visiting me in my home
and making me feel
assured that matters were
being handled satisfactorily.
I know that we made the
right choice in choosing
Fieldfisher solicitors. No
amount of money can
replace Peter but it does
ensure financial security
for the future.”
Peter Mansfield

We also located the maintenance fitters
at the Hospital who informed us that
they were not warned of the dangers of
deteriorating blue asbestos in the
pipework to patients and staff traversing
the corridors nor were they told to take
any particular care.
In October 2015 the NHS admitted
liability and the case proceeds to trial in
January 2016 on quantum alone.
We are increasingly seeing cases of much
more transient exposure to asbestos
leading to mesothelioma especially
involving women.
All Ann did was walk up and down
corridors where there was deteriorating
pipework . These cases are extremely
difficult to prove evidentially and win.
We have conducted similar cases arising
out of hospitals at Guys, University
College London and at various schools
around the country.
Ann wrote to Peter::
“My gratitude to you for
all the work and time
that you put in to gain my
compensation is never
ending The entire process
was overwhelming, but
your thinking, kindness and
support over those years kept
my head above water and
me afloat. I still feel bemused
when I realise all you have
done on my behalf. My hope
is, too, that the case will set a
precedent for anyone else in
my position.”
NHS admit faulty pipework at hospital in
Hackney caused mesothelioma 30 years later
Ann Syz a child
psychotherapist
was diagnosed with
mesothelioma in 2012.
She could not remember
where she was exposed
to asbestos but did recall traversing
the corridors of the Hospital for Sick
Children in Hackney as an employee
in the 1980s where there was lagged
pipework. During the course of lengthy
investigations including Freedom of
Information requests to both the Royal
London and Great Ormond Street
Hospitals, we were able to ascertain
that not only did the Health Safety
Executive warn the Hospital that the
blue asbestos was deteriorating in the
pipework above the corridors where our
client regularly walked, but also that
nothing was done about it in the 1980s
during our client’s employment there.
Ann Syz outside the now derelict Hospital For Sick Children Hospital Corridors

Kathleen Heath was
diagnosed with the
asbestos cancer of
mesothelioma in April
2014 at the age of 60.
Kathleen had worked as a laboratory
technician prior to retirement in July
2013 and she was looking forward
to enjoying her retirement with her
husband.
After Kathleen retired they decided
to move which involved a lot of
lifting and packing. That is when she
first started to notice that she was
becoming quite breathless. This was
unusual because Kathleen was a keen
walker and a member of a walking
group and she also enjoyed line
dancing. At that time Kathleen put
the breathlessness down to old age.
The breathlessness got worse and by
October 2013 Kathleen had to stop the
line dancing.
Kathleen was referred to the Queen
Elizabeth Hospital King’s Lynn for
Laboratory technician
exposed to asbestos in fume cupboards
investigation and in February 2014
she had a chest X-ray which was
suspicious and she was referred for
further tests. By April 2014 Kathleen’s
breathing was so bad that she was
admitted to hospital and remained an
inpatient for 2 weeks. It was when she
was an inpatient that the doctors at
the hospital questioned her about her
employment history and whether she
had been exposed to asbestos. At that
time Kathleen was in a lot of pain and
was taking Morphine and therefore
was not in any condition to think about
her employment history. It was not
until after she was discharged from
hospital that she started to think about
her employment history in detail.
Kathleen recollected that she had
worked for a company which she knew
as Rio Tinto Zinc which was acquired
by Pasminco Europe (Smelting) Ltd
and then Britannia Zinc Ltd. Kathleen
had worked for these companies from
1989 to 1998 as a laboratory analyst
and her job involved analysing new
ore which was ground down so that
it could be analysed. The ore was
analysed in 3 laboratories and in total
there were 8 large fume cupboards.
Kathleen put the ore samples in 12
to 20 different beakers or platinum
pots which were taken to the fume
cupboards where Kathleen added
various acids including hydrofluoric
acid to the beakers/pots and placed
them on the hot plate. Kathleen was
only provided with rubber gloves even
though she was handling dangerous
acids.
Kathleen recollected that when she
started her employment at Rio Tinto
she was told by the Chief Chemist
that the fume cupboards were lined
with asbestos and that most of the
equipment in the factory was lined
with asbestos including all the
furnaces. The fume cupboards were
lined internally with the asbestos
which was fitted to the sides and
the top. Kathleen recollects that the
asbestos lining was in a very poor
condition and had deteriorated due to
the age of the fume cupboards. Each
morning a laboratory analyst had to
sweep the dust which had gathered
onto the hotplate with a brush and
dust pan. The dust included asbestos
dust because of the deteriorated
asbestos lining.
Kathleen spent a lot of her day
working close to the asbestos lined
fume cupboards and brushed the dust
from the inside of the cupboards.
Little did she know that the dust she
was sweeping included asbestos dust
and fibres.
Kathleen contacted Fieldfisher
solicitors at the end of April 2014 and
we visited Kathleen at home in order
to take a statement about her exposure
Kathleen Heath

low offer but Kathleen did not accept
the first offer and Shaheen was able
to persuade the other side to increase
their offer.
confirmed that Kathleen’s exposure
to asbestos when working with the
fume cupboards had caused the
mesothelioma.
Solicitor Shaheen Mosquera was
able to secure an interim payment of
£50,000.00 on account of Kathleen’s
compensation in mid-July 2015 and
in August 2015 Kathleen’s claim was
settled for just under £190,000.00.
Initially, the other party had made a
to asbestos and we also assisted
Kathleen with completing application
forms for benefits for which she was
eligible because of her diagnosis of
mesothelioma.
Initial investigations included tracing
Kathleen’s former employers and even
though the companies were dissolved
we managed to trace the employers’
liability insurers.
The claim was reported to Kathleen’s
former employers’ representatives and
they were trying to ascertain whether
Kathleen may have been exposed
to asbestos elsewhere or during her
childhood. Kathleen provided detailed
information about her childhood
and believed that she had only been
exposed to asbestos when working for
Rio Tinto Zinc as a laboratory analyst.
A medical report was obtained
from a respiratory physician and it
Kathleen was delighted that her case had settled without the need to
issue court proceedings and said
“Thank you for all you have done for me to obtain
this compensation for my illness. I now know that I
should be able to cope in the future.”

to this date will receive the current
allowances in the interim, until the
lump sum is paid. The MOD’s Veterans
Welfare Service will be on hand to
help claimants with understanding the
details and choices available.
For those currently in receipt of
weekly or monthly payments, the MOD
is considering whether any further
assistance by way of a lump sum can
be provided to them.
More information for veterans is
available from the Veterans Welfare
Service.
Minister for Defence Personnel
and Veterans, Mark Lancaster
MP, said:
“I have decided that a
policy change is required
to introduce enhanced
arrangements for
mesothelioma sufferers.
These veterans protected
the nation with honour,
courage and commitment,
and we have listened to their
concerns to ensure they are
treated with the fairness and
respect they deserve.”
Veterans with diffuse
mesothelioma can
now choose whether
to receive lump sum
payments of up to
£140,000, or regular
smaller payments, giving them more
control of their finances.
The changes to the scheme give it
similar features to one for civilians,
underlining the government’s
commitment the Armed Forces
Covenant. The Covenant is a promise
from the nation ensuring that those
who serve and have served are treated
fairly.
The War Pensions Scheme provides
weekly or monthly payments and also
benefits for dependents. However,
comparisons have been made with
the recently introduced Diffuse
Mesothelioma Payment Scheme,
which provides lump sums for eligible
civilians.
The Royal British Legion asked
the MOD to consider offering lump
sums - the MOD has listened and is
correcting the disadvantage faced by
some veterans when compared to their
civilian counterparts.
Veterans diagnosed from today with
mesothelioma as a result of their
military service prior to 6 April 2005
will have the option of receiving a
one-off payment of £140,000 under
the War Pensions Scheme. Claimants
who prefer the current arrangements
can opt to receive weekly or monthly
payments.
Compensation for
veterans with asbestos cancer
Legislative provisions will be made
to enable lump sums to be paid from
11 April 2016. Those choosing a lump
sum whose claim is accepted prior
Peter Williams went on to say:
“For decades service veterans suffering from mesothelioma have been denied
compensation; this ruling at last goes some way to reversing this injustice.”

estate and it settled a few months later.
The settlement included compensation
for the care that had been provided by his
family as a result of the mesothelioma.
Compensation for family of Ex-Power
Station worker for asbestosis and mesothelioma
Terence Warwick worked
for the Central Electricity
Generating Board (CEGB)
from 1961 until 1967 and
was based at Lombard
Road Power Station in
Battersea as a furnace bricklayer’s mate.
At the power station there was a small
shed in which the bricklayers would
store all of their materials. They shared
the shed with a lagger and the lagger’s
mate who were also employed at the
power station. The lagger’s mate would
frequently mix asbestos lagging powder
to form a lagging paste inside the shed .
When the asbestos powder was poured
into a tank of water, a huge cloud of dust
formed inside the shed that would take
some time to settle. The shed was also
rarely swept and so asbestos dust was
continuously present in this shed which
Mr Warwick would visit at least once a
day. The lagger’s mate was often mixing
up the lagging paste when Mr Warwick
was inside the shed. Mr Warwick was
unaware of the dangers of asbestos
at this time but found this working
atmosphere extremely unpleasant. He
asked the lagger’s mate not to mix up the
powder inside the shed but his requests
were ignored.
He was also exposed to asbestos when
carrying out his own work because pipes
at the back of the boilers in the power
station were covered with asbestos
lagging that was frequently broken off
releasing asbestos dust and fibres into
the air around him.
The CEGB took no precautions to protect
Mr Warwick from exposure to asbestos
dust and fibres. They did not advise him
of the potential dangers to his health
from this or of precautions that he might
have taken to avoid it.
Mr Warwick developed asbestosis as a
result of his exposure to asbestos and
had been receiving industrial injuries
disablement benefit for this since 2003.
However, he was not advised that he
could claim compensation against his
former employers for an asbestos-related
condition until July 2014 when he was
diagnosed with mesothelioma. He then
instructed Caroline Pinfold to pursue a
claim for damages against the CEGB.
Caroline obtained an admission of
liability and an interim payment of
compensation during his lifetime, but
sadly he passed away before his claim
could be concluded when his condition
deteriorated rapidly. One of his daughters
continued the claim on behalf of his
His daughter wrote
“I would like to thank you for fighting my dad’s corner and
as a family we appreciate everything you did for dad and us,
no money will ever bring back my dad but we will be able to
do a nice memorial in the cemetery so we have somewhere
to go.”
Terence Warwick

Stuart Packard, from
Essex, was only 21 when
he spent around three
weeks working as an
emergency security
guard at the scene of the
IRA bomb in Manchester in 1996.
He was diagnosed in March of this
year with mesothelioma, the cancer
caused by exposure to particles of
asbestos, unfortunately Stuart died in
late 2015.
Stuart came into contact with asbestos
dust from the demolition work in
the aftermath of the blast which
devastated the centre of the city.
The blast injured more than 200
people and destroyed buildings within
a half-mile radius.
No-one was killed at the time, but
many of the surrounding properties
were destroyed and had to be
demolished, costing the equivalent of
£1.5 billion.
The huge clear-up operation took
months and was complicated by
the fact that of the buildings being
demolished, some contained asbestos.
Unfortunately during this time Stuart
was not given the correct safety
equipment by his employer and he
breathed in the dusts during the
demolition while he was on duty as a
security guard.
Father-of-two dies of
mesothelioma from IRA bomb fallout
Peter Williams Said:
“Because of the condition’s long incubation period it can take years to be noticed Stuart only
discovered he was suffering from the disease in March this year when he began to lose weight and
felt tired and breathless all the time. Stuart’s doctor performed a lung biopsy and was shocked to
discover that he was suffering from the disease because he was so young.
Mesothelioma usually attacks people at retirement age, but Stuart was only 42 when he died, which
makes this case even more tragic.”
Stuart Packed
Aftermath of IRA Bomb
As reported in the:

Compensation following exposure in Timber Mill
The compensation recovered included just
over £8,000 on behalf of Havens Hospice
where Mr Toms received care at the end of
his life. The family were very keen that this
money should be included in recognition
of the care that had been provided to their
father so that they could donate it to the
Hospice on his behalf.
have been exposed to asbestos dust and
fibres.
As a result of the information provided by
former work mates, Caroline Pinfold was
able to obtain an admission of liability from
the insurers of the company.
Steve Toms was employed
by H G Barham Limited as
an office boy at the age of
16 and gradually progressed
to become the Company
Secretary before he was
made redundant in 1995. He was diagnosed
with mesothelioma in February 2013 and
advised that this had probably been caused
by exposure to asbestos. H G Barham
Limited was a firm of timber merchants
and Steve’s work had been in the office for
most of the time. He had no real knowledge
as to how he might have been exposed to
asbestos in this work. He was sure that he
had not been exposed to asbestos anywhere
else.
Mr Toms remembered that he often had to
go into the mill a few times a day to collect
the canteen money and check items of stock
for customers. He could not recall any
asbestos materials being in stock and sold
to customers. It was therefore extremely
difficult to pursue a claim on his behalf for
exposure to asbestos during the course of
this work. Unfortunately, the claim was still
being investigated when he passed away in
January 2014.
Caroline Pinfold was instructed to pursue
the claim by Mr Toms’ son Mark and his
daughter Michelle who were named as the
executors of his estate. They informed her
that at their father’s funeral they had spoken
to several former employees of the company
who had more knowledge than their father
had about the use of asbestos materials at H
G Barham Limited and could give evidence
about this.
Caroline contacted the witnesses who
described asbestos sheets and Asbestolux
being stocked by the company. These
were often cut to size for customers in the
mill. One witness also remembered that he
had taken photographs when corrugated
asbestos cement roofs were being smashed
up around the late 1980s when sheds in the
yard were being demolished. Huge clouds
of dust were blown all over the area when
this demolition took place and anyone in
the vicinity, including Mr Toms, could not
have avoided breathing in a lot of asbestos
dust and fibres at that time. One of the
photographs also showed the shed where
Asbestolux and asbestos sheeting were cut.
Other witnesses also confirmed the cutting
of Asbestolux and how Mr Toms was often
in the mill and other areas where he would
Steve Toms
Steve’s son Mark Commented:
“When our father was diagnosed with Mesothelioma he
contacted Caroline Pinfold at Fieldfisher to make a claim for
compensation against the insurance company of his previous
employers, H G Barham Ltd. Caroline took up the claim and
won the case for his family but sadly, by the time the claim was
completed he had passed away. The family are very grateful
to Caroline for all the hard work she put in to achieve a very
satisfactory settlement. Although no amount of money can ever
compensate for the loss of our father it has enabled us to comply
with his dying wishes which were to help provide a secure future
for his children and grandchildren.”

Compensation for Fieldfisher
witness who goes on to develop mesothelioma
Dushal Mehta was
instructed to bring a
claim for Mr David
Libby who had been
diagnosed with
mesothelioma. Mr
Libby approached Dushal after having
assisted Fieldfisher in a previous case
which they successfully pursued.
Mr Libby had worked at the Cape
factory on Tolpits Lane in Watford
between 1962 and 1974. Mr Libby
worked in various departments for
the company including the molding
department, canteen and maintenance
department. He and his family had a
long affiliation with the company as
his father had worked in the factory
(and managed to get his son a job at
the factory) as well as his uncle and
many friends. Throughout the time
that Mr Libby worked at the company
he was not warned of the dangers of
working with or coming into contact
with asbestos dust. When he started
working for the company he would just
wear his own clothes to work.
During the course of his time at the
company he was exposed to asbestos
through sweeping up asbestos dust,
producing asbestos flue pipes and
working on the saw machines which
cut asbestos. He recalled there being
dust throughout the factory on the
surfaces and floors. It was visible in
the air.
Mr Libby could not recall working
with asbestos in any other job that he
carried out after he left Cape. He spent
over 30 years working for Anglian
Water before he retired in 2010. In his
retirement, he enjoyed a happy and
active life. One of his great passions
was Watford Football Club and he
regularly had a season ticket to watch
them. He also enjoyed watching motor
racing.
Dushal was able to secure an early
admission of liability from Cape
in respect of Mr Libby’s claim and
within a few months Dushal settled
Mr Libby’s claim for over £180,000.00.
Unfortunately, whilst Mr Libby was
undergoing investigations to ascertain
whether he had mesothelioma he
was also given the devastating
news that his wife of over 40 years
had developed dementia and
Alzheimer’s. Her condition had
rapidly deteriorated and she was
reliant on her husband to care for
her. Mr Libby was understandably
worried and concerned as to what
would happen to his wife when his
condition deteriorated and he was no
longer able to care for her. Mr Libby’s
primary concern was his wife and her
care. With the compensation he was
awarded, he was able to ensure that he
had made provision for her future care
needs.
For many years, Mr Libby has helped
Fieldfisher and many other law firms
in pursing claims for those affected by
the Cape factory in Watford. He has
provided his first-hand experience
of what occurred at the factory and
how employees, visitors and the
neighborhood at large would have
been exposed to asbestos as a result
of the negligence of the owners of
the factory. His evidence alone has
enabled many victims to recover
damages for their families and loved
David Libby
Dushal commented:
“David has been a great source of help for many victims of
mesothelioma. What was admirable was the way in which David
came to terms with his diagnosis and the way he has tackled the
illness is nothing short of admirable. What is even more remarkable
is that he has remained strong and positive despite also being told
at around the same time that he was diagnosed with mesothelioma
that his wife had dementia and her condition was deteriorating.”

Meet the team
Peter Williams
Head of Asbestos Claims
e: peter.williams@Fieldfisher.com
t: 020 7861 4825
Andrew Morgan
Partner
e: andrew.morgan@Fieldfisher.com
t: 020 7861 4036
Dushal Mehta
Senior Associate
e: dushal.mehta@Fieldfisher.com
t: 020 7861 4033
Caroline Pinfold
Partner
e: caroline.pinfold@Fieldfisher.com
t: 020 7861 4022
Shaheen Mosquera
Solicitor
e: shaheen.mosquera@fieldfisher.com
t: 020 7861 4393
Peter is head of the group. He has specialised in asbestos-related disease
claims for 20 years and he gives annual talks to solicitors on the issues.
The legal 500 recommends him as a leading personal injury lawyer who
is “universally respected, and superb with clients”.
Shaheen joined Fieldfisher in 2015 as a Solicitor in the Asbestos
Claims team and has been representing victims of asbestos
exposure and in particular those diagnosed with mesothelioma. For
the last 5 years she has settled many claims, recovering thousands
of pounds in damages for the sufferers of Mesothelioma, Asbestosis
and Asbestos related diseases.
Dushal specialises in asbestos disease cases, with specific expertise
in mesothelioma claims. He joined the firm in 2009 and is a member
of the Association of Personal Injury Lawyers. He has developed a
reputation for securing early settlements in high profile cases.
Andrew has specialised in asbestos disease claims since 1993. He is a
past coordinator of the Occupational Health Group of the Association
of Personal Injury Lawyers (APIL) and is an APIL fellow. The Legal 500
describes Andrew as “clever, hardworking and respected by opponents”.
Caroline has specialised in asbestos disease claims for over 25
years. She is a Trustee of the East London Mesothelioma Support
Group (ELMS) and is a member of the Association of Personal Injury
Lawyers. Chambers, a leading legal directory states she is “incredibly
hard working, has an eye for detail and fights very hard for her clients”.
What makes us different
We often take on claims other lawyers have failed
to investigate properly or where they have not been
able to achieve a settlement
When necessary we issue court proceedings to
progress our client’s claims
We are proactive in our approach to our cases and
push for rapid settlements
We’ve created one of the UK’s most extensive
insurance databases to identify details of insurers of
dissolved companies. Our database is used by other
legal firms

Fieldfisher ranked top for asbestos claims

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