Peter Williams acted for Brian Hamill following his diagnosis of mesothelioma. Brian had been self-employed for most of his life and, during the 1970s, worked on an adhoc basis for a company called Wrightways Limited who were demolition engineers.
There was no record of his employment with them. He was paid cash in hand. Brian was asked to take down corrugated asbestos roofing from demolition sites and was paid not by the week for his work but "per sheet". Wrightways have changed hands since his work and denied all knowledge of him.
Fortunately Brian had kept some photographs of his work from the 1970s (see image above). The images clearly show him working on demolition sites along side asbestos sheets and next to a digger with the term "Wrightways" on it. The company did not have enough assets to pay the claim. Peter traced its former owner in Spain who provided details as to the insurers for the late 1970s. The insurers denied liability on the basis that they only insured for a very short time during Brian’s work and denied there was an employment situation between Brian and Wrightways Limited such that they were liable for his exposure.
Peter traced a witness who worked with Brian who provided evidence of numerous contracts Brian had worked on and described in detail how he took down asbestos sheets from old buildings; sometimes 300 to 400 at a time. Following denials of liability proceedings were issued in the High Court. Following a long battle and shortly before trial the insurers eventually conceded that they were liable to pay Brian full compensation plus his legal costs.
After the case Brian said:
"I would like to thank Mr Williams for sticking with my very difficult case, I know he hit many brick walls but battled on to secure a successful outcome. The compensation I received will make mine and my wife’s life more comfortable and less stressful; it has given me peace of mind. I would recommend anyone in my situation to use your company as it has given me the chance to do anything I want whilst I’m still fit enough to do so."
Alternatively if you have been exposed to asbestos and would like further information please contact us by one of the following:
Contact us on freephone 0800 358 3848
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"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
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BTOG Conference 2018
Fieldfisher attended the 2018 British Thoracic Oncology Group Conference held in January 2018.