Nigel Gadd, now aged 53, worked in the woodworm and dry rot industry from age 16 in 1979 to 1993 when he became self-employed. His job included removing or demolishing the ceiling to undertake timber treatment and then making good the ceiling afterwards. The ceilings commonly were finished with "Artex" which contains asbestos. Demolishing the ceiling released dust into the air. Finishing the ceiling afterwards involved sanding down the ceiling so that a smooth finish can be applied. This too created dust.
Mr Gadd developed mesothelioma in 2015. He was referred to Andrew Morgan by nursing staff at his hospital. Andrew was able to identify three employers but these companies raised difficulties with the claim: one of the employers was insolvent; not all insurers could be traced; one of the companies said Mr Gadd worked on a truly self-employed basis as an independent contractor; all the companies said that Mr Gadd was skilled so that he contributed to the exposure by his own negligence so any award should be reduced.
Andrew knew too that such claims are difficult to prove because the asbestos content of Artex is very low to such an extent that it is difficult to prove breach of the relevant standard "TDN13". The later standard "EH10" is more helpful but the likelihood of exposure decreases as time passes, and expert engineering evidence would be needed at trial. The waiting time for obtaining such a report is about 6 to 9 months at present, time that Mr Gadd could not afford.
Andrew arranged for a barrister to give Mr Gadd advice in conference at his home. The barrister took account of the full value of the claim, the real risk of losing and the risk of "contributory negligence". He advised settling at £175,000 or any better figure.
Andrew entered into negotiations with the employers and was able to reach agreement with two of the three employers to pay £203,583, more than 15% above the barrister's target settlement figure.
Cases arising out of Artex exposure are rare and notoriously difficult to prove
With more than 20 years experience, Andrew’s claims cover many areas, including:
If you have been injured in a serious accident, or exposed to asbestos and would like further information please contact Andrew Morgan on
Contact the Team
Contact us on freephone 0800 358 3848
Or start your claim online.
"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
Charities we support
Sarah Wolf comments on worrying reports regarding asbestos use in the USA
The Fieldfisher mesothelioma team is closely monitoring the furore that has broken out in the US following reports that the US Environmental Protection Agency (EPA) has paved the way for the use of new products containing asbestos.
The legacy of asbestos
Asbestos mining and manufacturing companies in Wittenoom, Western Australia have left a lasting legacy of the dangers of asbestos.
Peter Williams reacts to multi-billion dollar judgement against Johnson & Johnson in talc claims
American pharmaceutical giant Johnson & Johnson was last week ordered to pay $4.69 billion to 22 women who have suffered ovarian cancer allegedly as a result of using talcum powder contaminated with asbestos.
Fieldfisher out in support of Action Mesothelioma Day 2018
On Friday 6 July 2018, Fieldfisher's Asbestos Team was out in support of Action Mesothelioma Day.