We were instructed in 2003 on behalf of our client who had been diagnosed with mesothelioma. He had worked for over 30 years at ICI where he was exposed to asbestos. Prior to that, he had had a variety of jobs, none of which had involved any exposure to asbestos.
On receiving the referral, we immediately arranged to attend upon our client at home and took a comprehensive statement of his evidence. He was examined by a medical expert who arranged a priority appointment at our request. We commenced Court proceedings against ICI because their solicitors put forward an unreasonably low offer in settlement of the claim.
In their defence they confirmed that liability was not in dispute. I wrote to the Court requesting an urgent appointment in view of his terminal illness, on the basis of a procedure that Ian McFall (Head of Asbestos at Thompsons Solicitors) had pioneered with the Court. This procedure was devised to deal with all living Mesothelioma claims on a fast track to ensure, as far as possible, that these cases are concluded within our clients' lifetime. This step brought the Defendants' Solicitors back to the negotiating table.
As a result of our negotiations on our client's behalf, settlement was achieved less than five months after receipt of the original referral for a six-figure sum.
It was his expressed wish that his case be concluded during his lifetime so that he could see that his wife would be financially provided for. He lived to see his settlement cheque but sadly died the day after he received it.
back to stories index