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Case Study

Award for a provisional damages settlement

B v AYR Engineering and Constructional Company Limited and four othersOur mesothelioma claims teamacted for Mr B who developed asbestosis and suffered a significant psychological reaction as a...

B v AYR Engineering and Constructional Company Limited and four others

Our mesothelioma claims team acted for Mr B who developed asbestosis and suffered a significant psychological reaction as a result of exposure to asbestos. Mr B worked as a ship repairer for five companies on a casual basis. 

Asbestosis is regarded as a divisible disease. This means the severity of the disease is affected by how much the victim is exposed to the asbestos. 

Where there is more than one employer, compensation is apportioned to the dose of asbestos received in each employment. Each employers dose is determined by the duration and level of the exposure. Therefore an employer is liable to pay compensation only for the dose or contribution to the overall condition in respect of whether other employers are sued or found liable. 

In Mr B’s case there were five employers who exposed him to asbestos. One of his employers was Ayr Engineering and Constructional Company Limited, a Scottish company which had, to our knowledge, never been sued. The company no longer traded and the employers liability insurers were unknown.  However, after investigation we found the insurer and successfully restored the company to the Register. This meant that Mr B was in a position to recover 100% of any compensation. 

Mr B had sadly seen his brother-in-law die from mesothelioma and became extremely anxious. He found he had become more irritable and would snap at his wife and family for no reason. He could not concentrate on watching t.v or reading newspapers. His appetite diminished. We obtained a report from Dr Menon, a Psychiatrist who recommended that Mr B undergo cognitive behavioural therapy by a trained Psychologist. The treatment to date and future treatment was included in the claim. 

The claim was settled for £55,000 on a provisional basis, at unusually high amount for this type of award. It means that should he develop mesothelioma or lung cancer, he will be entitled to further compensation.