Family wins High Court judgement for Mesothelioma Death
The family of Bob Tolley who passed away from Mesothelioma in September 2006 were successfully awarded compensation against Mr Tolleys previous employer, Humphreys & Glasgow Ltd. A judgement was issued in the High Court on Thursday 12th June, for asbestos exposure which led to mesothelioma.
This turned out to be double edged sword for the family, who although awarded compensation may not receive any of it due to the Employment Liability trigger issue being heard in the high court at the moment with six test cases going before Mr Justice Burton. The case hinges on the wording of Employers Liability Policies, insurers are arguing that the policies sold to employers insure against liability for workers becoming ill or injured due to their work, are triggered by the development of the disease rather than the exposure to asbestos. At what point does the disease begin to "exist", at the time of exposure or when it begins to develop or when symptoms actually appear?.
Often the time lapses between exposure to the deadly dust and the development of Mesothelioma can be 40 years or more, so many employers have ceased trading or gone into liquidation.
Bob's wife Betty who attended the court with her solicitor Carolann Hepworth of John Pickering & Partners, said after the judgement was awarded: "I am relieved that someone had finally taken responsibility for what happened to my husband, it has never been about the money for me or my family, how do you put a price on someone's life.
Bob was always very fit and healthy and only just 67 when he died, he did not deserve this disease and I find it very unfair he was exposed to asbestos whilst just going about his normal working life due to someone else's negligence. Ignorance is no defence for putting employees in any kind of danger at work".
The family continue to raise funds for Mesothelioma research. A charity event is being organised on Saturday 20th September comprising of a golf tournament in the day and an evening auction raffle buffet and disco at Eastbourne United football club Channelview road. Last years event raised £1403.00 for research, this year the family hope to raise even more. money. There is also a website http://www.bobtolleyfund.co.uk/ set up in memory of Bob, in conjunction with Mick Knighton Mesothelioma Snowdrop Fund & The British Lung Foundation.
If you need advice about an asbestos related illness contact any of the asbestos support groups, or John Pickering & Partners for information about making a claim for compensation.
FREEPHONE: 0800 854201
Website: www.johnpickering.co.uk
www.mesotheliomaadvice.co.uk
FREEPHONE: 0800 854201
Website: www.johnpickering.co.uk
www.mesotheliomaadvice.co.uk
Carol Ann Hepworth
Old Exchange Buildings
St Ann's Passage
29/31 King Street
Manchester, M2 6BE
Email: ch@johnpickering.co.uk
Tele: (0161) 834 1251
Fax: 0161 834 1505
The family of Bob Tolley who passed away from Mesothelioma in September 2006 were successfully awarded compensation against Mr Tolleys previous employer, Humphreys & Glasgow Ltd. A judgement was issued in the High Court on Thursday 12th June, for asbestos exposure which led to mesothelioma.
This turned out to be double edged sword for the family, who although awarded compensation may not receive any of it due to the Employment Liability trigger issue being heard in the high court at the moment with six test cases going before Mr Justice Burton. The case hinges on the wording of Employers Liability Policies, insurers are arguing that the policies sold to employers insure against liability for workers becoming ill or injured due to their work, are triggered by the development of the disease rather than the exposure to asbestos. At what point does the disease begin to "exist", at the time of exposure or when it begins to develop or when symptoms actually appear?.
Often the time lapses between exposure to the deadly dust and the development of Mesothelioma can be 40 years or more, so many employers have ceased trading or gone into liquidation.
Bob's wife Betty who attended the court with her solicitor Carolann Hepworth of John Pickering & Partners, said after the judgement was awarded: "I am relieved that someone had finally taken responsibility for what happened to my husband, it has never been about the money for me or my family, how do you put a price on someone's life.
Bob was always very fit and healthy and only just 67 when he died, he did not deserve this disease and I find it very unfair he was exposed to asbestos whilst just going about his normal working life due to someone else's negligence. Ignorance is no defence for putting employees in any kind of danger at work".
The family continue to raise funds for Mesothelioma research. A charity event is being organised on Saturday 20th September comprising of a golf tournament in the day and an evening auction raffle buffet and disco at Eastbourne United football club Channelview road. Last years event raised £1403.00 for research, this year the family hope to raise even more. money. There is also a website http://www.bobtolleyfund.co.uk/ set up in memory of Bob, in conjunction with Mick Knighton Mesothelioma Snowdrop Fund & The British Lung Foundation.
If you need advice about an asbestos related illness contact any of the asbestos support groups, or John Pickering & Partners for information about making a claim for compensation.
FREEPHONE: 0800 854201
Website: www.johnpickering.co.uk
www.mesotheliomaadvice.co.uk
FREEPHONE: 0800 854201
Website: www.johnpickering.co.uk
www.mesotheliomaadvice.co.uk
Carol Ann Hepworth
Old Exchange Buildings
St Ann's Passage
29/31 King Street
Manchester, M2 6BE
Email: ch@johnpickering.co.uk
Tele: (0161) 834 1251
Fax: 0161 834 1505
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