Posted by Helen Childs, Partner
Expat ship builder’s claim settles for six-figure sum
Mr W was in his 80s when he developed mesothelioma. He and his wife had emigrated to Skiathos many years before where they owned a substantial property with a large garden and a grove of olive trees.
Mr W had worked for Vospers Shipbuilders in Southampton many years before. He described significant exposure to asbestos. When he was diagnosed with mesothelioma Mr W was devastated.
Mr and Mrs W lived in a remote part of Skiathos, and attending the hospital and doctors on the mainland for treatment was a long and difficult journey every time. Sadly Mr W’s condition deteriorated and he died within a matter of weeks of instructing Royds Withy King. The claim was pursued on behalf of his widow. Obtaining her medical notes and records was difficult, and we eventually had to commission a doctor to examine her on Skiathos to assess whether she had any health issues which would have affected her own life expectancy in any way.
Proceedings were commenced judgement entered and an interim payment made and a timetable was put in place to conclude the claim in February 2019.
The claim was complicated by the fact that Mr W had a Greek Will, and no English Will. Obtaining a Grant of Letters of Administration or a Grant of Letters of Probate on the Greek Will was likely to be time consuming and costly and we were able to agree with the defendants that they would not specifically take this point and that they would allow proceedings to be commenced without it.
The claim was concluded for a six figure sum to represent Mrs W’s dependency on her husband both practically and in terms of finances.
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