Boyes Turner acted for Tony who was sadly diagnosed with mesothelioma in November 2015.
Exposure to asbestos
He was exposed to asbestos whilst employed by Arthur J Chivers Limited of Newbury from 1958 until 1969. Chivers appeared on his Inland Revenue schedule, which is a document which lists all employers since 1961 onwards (HMRC did not keep a record of employment prior to 1961).
During his work with Arthur J Chivers, he unloaded Asbestolux sheets measuring 8ft times 4ft. He also cut them in order to line doors for fireproofing. He cut the Asbestolux sheets by handsaw, usually on a work bench. He then fixed the asbestos sheets, drilling them with an electric drill and screwing by hand.
He also cut asbestos soffits, remembering in particular doing a job on the Beedon estate. He further cut corrugated asbestos sheets known as Big Six using them on garage roofs. He cut and mitred the asbestos sheets in order to fit them.
Boyes Turner’s investigation of the claim
Whilst I was able to trace the employer’s liability insurers for Arthur J Chivers Limited, the insurance was only in place after Tony’s employment. Arthur J Chivers Limited was dissolved some years ago.
It was recommended that Tony completed an application to the Diffuse Mesothelioma Payment Scheme 2014. This is a scheme which is designed to compensate people suffering with mesothelioma where they are exposed to asbestos during employment and there is no live company or insurer to meet the claim. The scheme is fault-based, which meant that Tony was required to prove that Chivers negligently exposed him to asbestos and the negligence caused or contributed to his contraction of mesothelioma.
Tony’s application was successful and with our help he was awarded just under £150,000 gross.
