Boyes Turner LLP were instructed by the family of Mr F following his death as a consequence of mesothelioma in November 2013.
Mr F’s asbestos exposure history
Mr F served an apprenticeship as a carpenter in 1956 with the Glamorgan County Council and went on to work as a fully qualified carpenter for the Council for a number of years.
After leaving the Council Mr F went on to work as a carpenter for a company called Tudor Jenkins Limited which later became known as Persimmon Homes (Wales) Limited.
Throughout his employment history Mr F was exposed to asbestos when:
- Working in school boiler rooms which had asbestos lagged pipes and asbestos lagged boilers within them
- Taking tea breaks in boiler rooms with asbestos lagged products in them
- When fitting asbestos products in schools and
- When fitting asbestos cladding to beams on the Penarth Pier
Mr F’s asbestos disease
Sadly Mr F started to suffer from respiratory disability and chest pain in late 2013. Mr F approached his GP and after tests at the hospital he was diagnosed as suffering from mesothelioma, a fatal asbestos related disease.
Mr F’s legal claim
Mr F’s family approached Boyes Turner once Mr F had passed away from mesothelioma.
Mr F had told his family of his previous asbestos exposure once he had been diagnosed with mesothelioma. Mr F’s family requested the assistance of Boyes Turner in getting justice for Mr F following his untimely and painful death.
Boyes Turner specialist industrial disease solicitors attended Mr F’s family and took a detailed statement from his partner regarding his employment history.
Boyes Turner assisted Mr F’s family to apply for government benefits to which they were entitled, namely a lump sum payment under the Pneumoconiosis (etc) (Workers Compensation) Act 1979 and at the same time began to investigate their potential legal claim.
On considering the information provided by Mr F’s family Boyes Turner decided to concentrate their claim investigations against the Glamorgan County Council which is now known as the Rhondda Cynon Taff Borough Council. The Council was unwilling to concede liability for Mr F’s mesothelioma or enter in to any settlement negotiations with his family.
Boyes Turner, determined to obtain justice for Mr F, issued proceedings in the Royal Courts of Justice, Queens Bench Division against the Council.
Shortly after the claim was issued, the Council issued a counter claim known as a part 20 claim against Persimmon Homes. The basis for the counter claim was to either:
- Seek a contribution to the claim from the part 20 defendant
- Pass all blame on to the part 20 defendant
The two defendants then both fought tirelessly to defend the claim, denying liability whilst doing so.
Eventually, in September 2016 after a lengthy legal battle, both defendants decided to jointly compensate Mr F’s Estate for his mesothelioma.
Boyes Turner were delighted that Mr F finally obtained the justice he deserved and are pleased that his Estate was compensated for its loss.
