Claim for Portsmouth dockyard worker in 'asbestos snowball fights'

Mr Q worked for a small local company and was sent to the docks to assemble scaffolding in a large boiler house. He worked near to laggers who were removing and replacing the lagging around the boiler and pipework.

"We were all mucking around and made snowballs from the dust," he said "We didn't know the material we were playing with was dangerous."

Mr Q was given the devastating diagnosis of sarcomatoid mesothelioma in late May 2016 and sadly passed away a month later. Mr Q's widow took over conduct of the claim, plus a services dependency claim for their son who relied on his father's help with his MOT business.

Despite being given all the necessary documents regarding proof of employment, the employer refused to settle and Shaheen Mosquera issued court proceedings against them. At the hearing, the defendant's solicitor submitted that they did not have any evidence of employment and that a senior manager employed by the holding company reported the company did not employ scaffolders.

Shaheen successfully argued that Mr Q had been exposed to significant quantities of asbestos dust, that the employer was in breach of the duty owed to Mr Q and that his signed witness statement was proof of employment. She also argued that the manager in question would have been a child at the time of Mr Q's employment and therefore was not in a position to comment on the defendant's business.

Judgment on liability was entered in the widow's favour and the Court ordered that the defendant make an interim payment of £50,000 on account of the final compensation.

Shortly after the Court hearing, the defendant made a settlement offer, which Mr Q's widow accepted in May 2019. It included a sum for Mr Q's son for the value of the services his father provided to his MOT business.

Following settlement, Mr Q's son said: "Shaheen kept us fully informed at all times of the progress and helped us understand where we were with the claim. She visited us and listened to the affect that my father's death had on us and was very patient and understanding throughout. 

"She gave us very good guidance and represented us extremely well at all times. I would like to take this opportunity to personally thank Shaheen for everything she has done for us and I would not hesitate to recommend her to any future clients."

Contact us

For further information about mesothelioma compensation claims, please call Shaheen Mosquera on 03304606817 or email shaheen.mosquera@fieldfisher.com.

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