Posted by Jennifer Seavor, Partner
Successful claim for Rosyth dockyard painter and decorator
Our specialist asbestos claims team were instructed by James (Jim) Hamilton following his diagnosis of mesothelioma in 2019.
We visited Jim at his home in Blackpool to talk about his working life. At first, Jim wasn’t sure how he had come in to contact with asbestos but as we spoke to him he told us about working at Rosyth Dockyard between the mid 1950s and 1974/75. He worked at the dockyard as a painter and decorator. Jim remembered rubbing down pipes before they were repainted and it came to light the pipes were lagged with asbestos. This meant dust and fibres were released in to the air as they were rubbed down. Jim also then remembered laggers working near him who were mixing dry asbestos with water in large drums to make a paste. Jim’s memory wasn’t that good and he couldn’t remember much detail so we also traced people who had worked with Jim at the dockyard who were able to give us more information to support Jim’s claim.
We helped Jim to apply for benefits from the government and then set about obtaining his records and a medical report to substantiate the claim. We confirmed that the liabilities for Jim’s exposure now rested with the Ministry of Defence and the Ministry of Housing, Communities and Local Government and notified them of the claim but they didn’t admit liability. Sadly, due to lack of progress and Jim’s deteriorating condition, court proceedings were issued to move the claim forward.
An urgent court hearing was listed for the end of July 2019, but sadly Jim’s condition continued to deteriorate and he died that month before the hearing could take place.
The claim was stayed following Jim’s death whilst a Grant of Probate was obtained by the Executor of his estate. Once issued, the proceedings were re-started and a new hearing listed for March 2020.
Shortly before the hearing the Defendants admitted liability and agreed to judgment being entered meaning the claim had been successful. The value of the case was assessed and negotiations then took place and the claim concluded.
Jim’s granddaughter said:
“I would like to thank most sincerely Jennifer Seavor and the team at RWK for settling my Step Grandad’s Mesothelioma claim. It was a pleasure to have Jennifer act on behalf of myself and my family. She showed true dedication, genuinity, empathy and sincerity. Jennifer and the team worked above and beyond to successfully conclude our claim. I highly recommend Royds Withy King.”
If you would like to find out more about making a claim for mesothelioma, please contact our specialist team today.
0800 051 8056 Email us