Case Three

Richard was instructed by a retired Police Officer who served at the Central Police Station in Portsmouth for the majority of his Policing career.

During the course of his employment as a Police Officer he would be involved in criminal investigations arising out of activities carried out at the HM Dockyard in Portsmouth. The work which he did meant on occasions going onto vessels which were in the Dockyard undergoing refit and repair and he was exposed to asbestos during this time.

He was able to give Richard a lot of information about the work which he was doing, based on his own recollections of the work and also some Police record books and note pads which he had retained.

Initially a claim was put against the Police Authority and the Ministry of Defence and unfortunately neither party were willing to admit liability proceedings were issued against the MOD only.

Sadly his condition deteriorated very rapidly and he died within a couple of weeks or proceedings being issued.

The matter was then stayed while his daughter took over conduct of proceedings on the basis that she was the Executrix of his Estate and a claim was put forward on behalf of the Estate and also for his widow’s dependency.

The complicating factor on the dependency claims was that his widow suffered from cerebellar ataxia and which made her unsteady and prone to falls and she also suffered from mild dementia.

Costings from a local Care Agency were obtained to work out how much a care package would cost to look after her. The critical issue revolved around actually how much care and assistance the widow needed and also whether her late husband would have been able to continue to do this long term.
When proceedings were restarted the Defendants actually admitted liability for the period post 1965 where the Deceased may have come into contact with asbestos.

The Defendants denied in their Counter-Schedule that there would be care required and, if there was, the late Deceased would not have been able to do this himself.

Richard negotiated a settlement which included amounts recovered for future care for the widow which will be enough for the family to have a lot of respite care, as and when required, and also for the widow to purchase a property from which she was intending to obtain an income.